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Your IP: 162.241.236.251 I routinely call the defendant as my first witness if I represent the plaintiff and, as noted above, have been repeatedly burned when I failed to do so.

So white-collar defendants often have made a number of statements, whether in emails, chat rooms or on recorded conversations, that can be used against them to prove their state of mind. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. He cited two reasons for his point of view.

However, the plaintiff has the ability to take the advantage of going last away from the defendant by calling the defendant as the plaintiff’s first witness. Finally in being forced to testify first, rather than being allowed to testify last, the defendant loses the ability to harmonize his or her testimony with other witnesses. The Defense (my wife) testified for 4 days on direct, my attorney crossed for 3 days, the defense redirected but was limited so they finished after 15 minutes. party witness. plaintiff’s case in chief, and defense counsel should avoid re-calling any witness in the defense case. 171 Church Street, Suite 160Charleston, SC 29401. South Carolina Rule of Evidence 611(d) might preclude the defendant from being recalled otherwise (“After the examination of the witness has been concluded by all the parties to the action, that witness may be recalled only in the discretion of the court”). But they also like to talk — sometimes quite a lot — as well-educated and successful people are wont to do. The plaintiff’s attorney was completely precluded from having her client challenge my client’s testimony. In the recent prosecution of three senior executives at the law firm Dewey & LeBoeuf for accounting maneuvers before its collapse, none testified and they even declined to offer any evidence, with the jury acquitting them on a number of charges while failing to reach a verdict on others. Unlike an ordinary conversation, in which one can steer away from unpleasant topics, the very nature of the opponent’s questioning is to make the witness uncomfortable. My experience has been that when both parties have an equally strong claim at the temporary hearing, the plaintiff’s advantages of primacy are often lost–especially when the defendant’s attorney is smart enough to file and serve a proper cross motion for temporary relief and/or seek leave to file additional affidavits under the authority of Rule 21(b), SCFCR. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Sometimes it is better to call a witness to authenticate the document before calling the defendant.

Generally the plaintiff is the party seeking to change the status quo. Yes.

In cases involving street crimes, many defendants have a criminal history that could be brought out if the person testifies, but will otherwise not come before the jury if the person remains silent. And my experience at Temporary Hearings is that the Plaintiff’s counsel actually gets to speak BOTH first and last. I suspect you confuse the advantage of the plaintiff going first with the advantage of the plaintiff having the stronger position. It allows the client to comment on gaps or flaws in the other party’s evidence.

[1] Especially in white-collar cases, which revolve almost exclusively around what the defendant was thinking at the time, the witness’s credibility can push the rest of the evidence into the background. A flash of anger can be very telling after the defendant came across as measured during the direct examination.

White-collar defendants, on the other hand, rarely have more than a minor violation in their background that might affect the jury’s perception of them, so they may feel more freedom to testify.

The collerary is that the defendant gets to go last. Attorney Horan is … Prosecutors often can hardly contain themselves at the thought of getting a shot at the defendant. There’s huge advantages in one’s client testifying last even if the client isn’t inclined to lie under oath.

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