In a NITA trial practice course many years ago, I learned that one strategizes the order of witnesses in a trial just as one strategizes the order of arguments in a brief. As a young associate in a large firm, I had never formulated trial strategy or, for that matter, any strategy outside the library. I had written briefs.

In the trial practice course, I learned that the touchstone for sequencing witnesses is the likely impact on the jury, considering their prejudices and preconceptions, their attention spans and their powers of retention. I learned that a trial attorney wrestles with questions such as, “Should I begin with a strong witness to create a good impression early, or should I save my best for last? Will the jury forget my first witness by the time I get to the last? Should I present Witness A first to validate Witness B, even though Witness B is more important?”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]