ABSTRACT
To decide the case, the jury deliberates on the evidence presented and delivers a verdict to the judge. For the expert witness, the jury is the key constituency when trial testimony is being o¡ered. Answers to questions must be directed to and have an impact on the jury. To have an impact, the jury must understand what is being said. It is more important for the jury to hear what it needs to know rather than to hear everything that the expert knows. Exhibits and demonstrative aids should be used and explained in a clear, attractive, and understandable way, but should not require lengthy explanation. e jury will reward and ¤nd favor in the side that helps them clearly understand the technical aspects of the case.‡
From the moment the jurors are sworn in, they are the real focus. Which jurors are paying attention, taking notes, shaking their heads? Which ones feel what bonds? Which juror looks like a leader, and who may become the jury foreman? “Each aspect of the trial-voir dire, the opening statement, the presentation of evidence, the cross-examination of the opposing witnesses,
and the closing summation-is directed to convincing the jury to adopt your version of the facts and to return a favorable verdict.”*
e trial begins with the presentation of the opening statement. “To many legal experts this is the second opportunity in the court trial process to win or lose a case,” a¦er jury selection.† Attorneys for the plainti¡, in a civil case, or for the prosecution, in a criminal case, usually are the ¤rst to tell the jury what they believe the evidence will prove. Plainti¡s or prosecutors typically occupy the counsel table closest to the jury and present their opening statement ¤rst because they have the burden of proof. e defendant’s attorney will then make an opening statement; however, in some cases, the defense attorney has the option of delaying this opening statement until a¦er the plainti¡s have completed presenting their case.
