I. Episode 4 – What is the job of the witness?

II. First, discussion of the job of a witness includes the attorney

III. Why the job of the witness includes the attorney

a. Two minds better than one

b. Difficult to both memorize facts and think about persuasion and law

c. Link to case theory

d. Creativity of character

e. Strategy for fact-gathering

f. Attorney input into witness role

g. Witness input into attorney role

h. Preparation of objections

i. Come to rehearsal prepared for effective communication and presentation

IV. Job of witness

V. Supply facts in case

a. From

i. Witness statement

ii. Stipulations

iii. Exhibits

iv.

b. Lay witness

i. Present from personal knowledge

c. Expert witness

i. Present based on qualifications in field

d. With strategic use of language to support case theory if permissible

VI. Personify the persona

a. Become that person (Think method acting!)

b. the Adopt traits and characteristics of the person

c. Prepare to add drama and humor

i. By what words are chosen

ii. Expansions through testimony

iii. Emotions

iv. Attitudes

v. Gestures

vi. Positioning

vii. Expressions

d. Fill in for attorney

i. Add details the attorney missed by mistake on direct

e. Elaborate effectively on less relevant details the attorney might not want to ask about specifically

1. Important to combine with traits/character

f. Adapt on cross-examination

i. Use personality and words to present favorable testimony

ii. Choose effective answers

1. I don't know

2. I can't remember, or

3. Infer from other facts the witness does not officially know (if reasonable)

4. Contradictions of the witness statement can be impeached

g. Prepare with the attorney for Objections

i. Inferences

1. Objections such as unfair extrapolation or outside the scope of the mock trial materials

ii. Hearsay (for important facts to get if possible and for jury to hear)

1. Reframe when possible as a concrete fact

a. Instead of “he told me the grass was green

b. “Do you know what color the grass was?” “Yes.” “What color was the grass?” “The grass was green.”

c. Work with attorney on laying foundation if possible

i. Make the opposing attorney recognize the hearsay by knowing where the facts come from.

ii. Make the opposing attorney do the work of limiting the fact after the jury has already heard it if possible.

2. Avoid trigger words

a. He told, I heard, She said

iii. Brainstorm other possible objections by opposing counsel on direct

iv. Brainstorm possible objection by your side on cross