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    OPENING STATEMENT DAMAGE CONCEPTS

Plaintiff Trial Lawyer Tips

The jurors need to understand the burden of proof is not “beyond a reasonable doubt” but. Religion is an example of a issue that can be a factor that has to be dealt with both in voir dire as well as opening statement. Whether a specific amount or a general range it should be a subject for opening statement.

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. .  Index & make summary of relevant information for use at trial. Decide how to use at trial.

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

Remind the jury in jury selection, opening statement, witness testimony and in final argument the law only requires proof that something is more likely than not. Review the law with the jury that proof of causation is only to show it is more likely true than not true. Consider a PowerPoint with “Burden of Proof” at top.