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�Junior Witness Examination Seminar

Presented by Nick Troy

Witness Examination seminar

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Outline of Seminar

  • Trials, Evidence and Advocacy
  • Competition Structure and Timeline of Proceedings
  • Court Etiquette
  • Walkthrough of proceedings
  • Objections
  • The Rule in Browne v Dunn

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Trials, Evidence and Advocacy

  •  The Purpose of Trials

The purpose of a trial is to prove a fact.

During a trial, you’re telling a narrative to the trier of fact.

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  • The Purpose of Evidence

Facts are proven through evidence.

The rules of evidence determine how your narrative can be told.

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  • The Purpose of Advocacy

Advocacy is the skill of persuading the trier of fact.

A good advocate tells a convincing narrative.

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Competition Structure and �Timeline of Proceedings

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Timeline

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Before the Competition Starts

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Question is released

5 pm the day before the competition

Witness preparation

Half an hour

During the Competition

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Appearances

Like, 2 seconds

Openings

2 minutes

Prosecution witness

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Examination in Chief

10 minutes

Cross Examination

15 minutes

Defence Witness

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Examination in Chief

10 minutes

Cross Examination

15 minutes

Closings

3 minutes

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Courtroom Etiquette

  • Appearances
  • Presentation
  • Sitting and Standing
  • Talking to the Judge
  • Courtroom Language

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Walkthrough of Proceedings

  • Preparation
  • How to read the question
  • Order of preparation

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  • Time with the Witness
  • Practice Examination in Chief
  • Warn of what may be cross examined

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  • Opening Statement
  • Introduce your case and your witness
  • Highlight what is contentious and what isn’t
  • Prosecution should outline the law
  • Don’t draw any conclusions until your closing

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Walkthrough of Proceedings

  • Examination in Chief
  • Don't ask leading questions
  • Get out ALL the facts (unless it is obviously objectionable)
  • Prepare for objections

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  • Cross Examination
  • Ask leading and closed questions
  • Discredit the witness
  • Show motive of the witness to lie (where possible)
  • Strengthen your case, and weaken theirs

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Walkthrough of Proceedings

  • Closing Statement
  • Review the testimonies
  • Address conflicting evidence
  • Draw conclusions and inferences
  • Focus on the important issues (being those in contention)

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  • Don’t waste your time
  • Don’t outline the whole case
  • Don’t go through the law
  • Don’t reference things that are not in dispute

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Case Theory

  • Case theory is your narrative
  • Broad case theory
  • Detailed case theory
  • Creating your case theory
  • Combine the two testimonies together in a way that makes the accused guilty/not guilty.
  • Only make the story “just enough” to get a conviction/acquittal – do not oversell your case
  • The more your case theory incorporates facts from the opposition, the better
  • You should have an answer for everything in the question that works for your story

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Objections

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  • Hearsay
  • Witnesses may only give evidence of their own experiences with few exceptions
  • Relevance
  • Form of the Question
  • Compound
  • Ambiguous or Misleading
  • Leading the Witness - Objectionable only in Examination in Chief
  • Speculation
  • Opinion
  • Experts are permitted to give opinion on their area of expertise
  • Includes conclusive opinion
  • Assuming facts not in evidence

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The Rule in Browne -v- Dunn

  • What is it?

The rule in Browne v Dunn is: if you intend to present evidence contradictory to a witness's testimony as part of your argument, you must put this version of events to the witness during cross-examination

  • When can you use it?

Only object to opposing counsel’s closing on the basis of Browne v Dunn after they have finished.

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Questions?

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Obligations to bring a Witness

  • You will be required to provide a witness for each round.
  • Give their name by 5pm on the day before each round (there is some leniency for the first round).
    • Your witness can be anyone – family, friends, strangers you met on the bus. All they have to do is be able to read from a script.
    • Your witness will not be in the same court as you.
  • If you have any special circumstances (cannot find a witness, cannot attain corporate wear) - email the CVP as much in advance as possible.

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