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How to Discredit an Opposing Witness

Discrediting an opposing witness can help your chances in a trial.

Effectively discrediting the opposing witness is a critical part of developing a winning trial strategy. Many a trial is lost because a jury likes, respects, or believes an opposing witness. So how do you plan to attack a likeable, credible, or highly qualified witness? This topic will lead you to four proven methods of discrediting an opposing witness, including: undermining the subject matter of the witness; neutralizing the credibility of the witness; negating or diminishing the impact of the witness testimony; and countering the effectiveness of the witness. There will be a bonus discussion on the topic of modifying your questioning style to match the method of your attack of an opposing witness. Be prepared to expand your trial strategy and sharpen your cross-examination skills in discrediting opposing witnesses.

91 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Undermining the Subject Matter (Evidence) of the Opposing Witness

  • The Evidence Offered by the Witness Is False
  • The Evidence Offered by the Witness Is Misleading
  • The Evidence Offered by the Witness Is Irrelevant

Neutralizing the Credibility of the Opposing Witness

  • Using Bias as a Tool to Discredit
  • Using Lack of Foundation as a Tool to Discredit
  • Using False Foundation as a Tool to Discredit
  • Using Lack of Qualification to Discredit
  • Using Money as a Tool to Discredit

Negating or Diminishing the Impact of the Opposing Witness

  • Diminishing the Relevance of the Opposing Witness
  • Diminishing the Materiality of the Opposing Witness
  • Diminishing the Attractiveness of the Opposing Witness

Countering the Effectiveness of the Opposing Witness

  • Using Your Witnesses to Discredit the Opposing Witness
  • Using Your Evidence to Discredit the Opposing Witness
  • Using the Law (Jury Instructions) to Discredit the Opposing Witness

Customizing Your Stylistic Approach to Discrediting an Opposing Witness

  • Aggressive Style
  • Passive Style
  • Sympathetic Style
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on March 12, 2020.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

D. Scott Hurley, Esq.

D. Scott Hurley, Esq.

The Hurley Law Firm, P.C.

  • With The Hurley Law Firm, P.C., Knoxville, Tennessee
  • 37 years of experience in civil litigation and trial practice
  • Has obtained multiple seven-figure verdicts in personal injury, medical malpractice, and commercial litigation cases
  • A member of the American Board of Trial Advocates and the Litigation Counsel of America
  • Frequent speaker at seminars involving trial practice, jury selection, opening and closing statements, expert witness strategies, trial strategy, witness preparation, and direct and cross-examination techniques
  • Has obtained and preserved on appeal major verdicts against institutional defendants, including the Federal Deposit Insurance Corporation
  • Can be contacted at 865-523-1414 or [email protected]
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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