The Science and Art of Evidence in the Civil Trial Examination

The Science and Art of Evidence in the Civil Trial
Session 2: Direct- and Cross-Examination

The Science and Art of Evidence in the Civil Trial is a five-part series that will provide attendees with both substantive law and how-to-execute tools to be effective trial lawyers in both California state and federal courts. Session 1 will cover jury selection and opening statements; Session 2 will cover direct- and cross-examination of fact witnesses; Session 3 will cover direct- and cross-examination of expert witnesses; Session 4 will cover hearsay, other evidentiary exclusions, and privileges; and Session 5 will cover the admission / objection to documentary evidence and closing arguments.

In this second session, attendees will learn both the substantive rules and how-to of direct- and cross-examination. Topics will include::

• Questioning techniques on direct examination (i.e., how to lead a witness without leading questions; how to make the testimony memorable and persuasive]);
• Strategies on how to deal with various types of witnesses (e.g., the too-shy witness versus the not-shy-enough-witness);
• Strategies on how to outline witness examinations and the use of documents during examinations;
• Foundational rules and principles (both with witness testimony and documentary evidence);
• Questioning techniques and strategies on cross-examination (i.e., when to and when not to use leading questions);
• Techniques and strategies for impeachment (e.g., rules and limitations of character evidence);
• Examples of effective and ineffective witness examinations.

David Sugden is a shareholder at Call & Jensen. Mr. Sugden, who was recognized in 2016 as one of the “Top 50 Super Lawyers in Orange County,” and previously recognized by California’s Daily Journal as one of “California’s 20 Top Attorneys Under 40,” is a business trial lawyer. He has received praise from Judges and opposing counsel for his understanding of and the use of the evidence code. Mr. Sugden has won several seven- and eight- figure jury verdicts and judgments for corporate plaintiffs and has successfully defended several high-stakes cases for corporate defendants. Mr. Sugden has served as lead counsel in complex matters in California, New York, Texas, Oklahoma, Florida, New Jersey, Tennessee, and Georgia.

Dave represents corporate and individual plaintiffs and defendants in claims involving trademark, copyright, unfair competition, trade dress, and trade secrets. He has also represented businesses in all aspects of employment litigation as well as a wide variety of general business litigation, including complex commercial disputes, business torts, and class actions.

Dave is is the author of Gray Markets: Prevention, Detection, and Litigation (Oxford University Press 2009).

This program is approved for 4.5 hrs of CA MCLE general credt hours, including 4.5 hrs of General Credit and 1 hr of Ethics.