ABSTRACT

“A jury is a group of people who are summoned and sworn in order to decide on the facts in issue at a trial.” The 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,” after jury selection. Opening statements are not considered to be evidence and are, in theory, intended simply to acquaint the jurors with the nature of the case. Direct examination is the heart of the case. It consists of questions posted to a lay or expert witness to elicit facts that corroborate a party’s theory of the case. In many cases, the success or failure of the case depends on the effectiveness of the expert during the trial. The examining attorney should bear in mind the primary objectives of educating and ultimately persuading the jury when organizing the direct testimony of experts.