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Presentation to Maryland Judicial College

E-Discovery LLC

We did demonstrations of a pro se litigant offering evidence from a cell phone and a mock direct examination authenticating a Facebook page. The program lasted most of a day and began with a discussion of key Maryland decisions on authentication of social media.

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A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence. The primary factors prevail over facts, evidence and logical reasoning. We should survey facts, case evidence and case issues through representative groups of people. Direct examination. Cross examination.

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OBSERVATIONS ABOUT CROSS EXAMINATION

Plaintiff Trial Lawyer Tips

We all know the general goals of cross examination which include these: 1. Demonstrating the testimony or evidence that supports the cross examiners case Obviously there are many sub categories under each of these topics plus other general goals depending upon the issues in the case, but these are the overall goals of cross examination.

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BLINDERED BY THE LIE

Temple University Beasley School of Law - Advocacy

In a capital case, the following cross-examination occurred: Q: On direct examination you said that you saw my client go into the alley. A: Yes Q: And on direct you said that as you saw him leave the alley he was tucking something into his pants? A: Yes Q: You heard the gunshot and saw him exit the alley?

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Sanderson v. Paltrow: Examining Cross-Examination

Evidence at Trial

But in this he-said-she-said ski collision case, where the jury must accept one party’s version of events and reject the other, the skill of the examiner is important. The Paltrow case is an easy case to examine because of its simplicity. Two examples stood out in Mr. Sanderson’s direct examination.