United States:
Can You Communicate With Your Witness After Cross-Examination Has Begun?
15 September 2015
WilmerHale
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By Sanket J. Bulsara and Ian Coghill
It is conventional wisdom that after cross-examination has
begun, lawyers should not meet with their witnesses to discuss
their testimony and all substantive preparation should cease.
Lawyers follow this path out of fear that the court will permit
opposing counsel to inquire about the conversations. Many lawyers
assume that their adversaries will also not meet with their
witnesses, and therefore ask to begin their cross-examination
before an overnight or lunch break.
Click here to read the full text of this article.
Originally published in the Summer 2015 edition of American
Bar Association's Section of Litigation Trial Practice
newsletter, Vol. 29 No. 4.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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