Episode 37 - Witnesses for Whom Your Examination Might Best Be Left for Trial

In this episode, Jim Garrity, fresh from a five-day jury trial - his first since March 2020, when COVID-19 began shutting down courtrooms everywhere - shares thoughts about passing on depositions of important but limited-knowledge witnesses, and instead hitting them with your cross for the first time in front of the jury. His decision in that case not to depose the top official of a statewide agency, and another senior official within the same agency, paid off. Both were called to the stand and performed poorly, because they'd had no prior exposure to the lines of examination. Garrity explains his reasoning and offers practical guidance as to when this tactic could work for you.

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