You’ll likely need an expert CPA to trace the origin of assets. Let’s imagine that you have separate property that has been commingled. Since many jurors will lack the necessary experience or education regarding the division of assets, medical diagnosis, or suggested treatment for a child, having a knowledgeable expert witness could make or break a case. The most common experts used in family law cases are therapists, physicians, and CPA’s. In complex family law cases such as divorces with property division or complicated custody issues, it may be necessary to employ an expert. How Does a Lawyer Prepare an Expert Witness for a Jury Trial? Since the opposing party has already given you and your lawyer a list of the witnesses that they plan to call at trial, most of the time, both you and your lawyer can anticipate what testimony the witness will give. Your lawyer should have the ability to think on his or her feet so that only the most appropriate and fitting questions are posed to each witness on your lawyer’s cross-examination of them. Your witnesses should come off as honest and trustworthy to the jurors.Īdditionally, your lawyer will also want to be prepared for the opposing side’s lay witnesses, especially if any witnesses will testify against you. Here is a time that some lawyers use to practice a bit, running through questions with your witnesses that the lawyer will likely ask on the court. Your lawyer may even advise a witness to dress a particular manner to be a bit more relatable and even more believable to an impartial jury.Īt our firm, some witnesses are interviewed more than once so that the lawyer can have more time to get to know the witness and their testimony. The lawyer will work with your witnesses regarding appropriate courtroom behavior (including non-verbal cues that people give). Instead, the lawyer should work with the witness to ensure that they are relaying straightforward and easy-to-understand information. Your lawyer’s job won’t be to create a testimony that the witness can rehearse. Your lawyer must know what your witness will testify during the trial. In that case, your attorney should want to conduct at least a couple of interviews with your witnesses before your family jury trial. Suppose you have a friend, neighbor, or another family member that will testify on your behalf. How Does a Lawyer Prepare a Lay Witness for a Jury Trial? According to the Texas Rules of Evidence Rule 702, “a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.” As I am sure you can imagine, a jury will give more weight to an expert testimony over a lay witness’s testimony concerning issues described above. Texas has requirements for a witness to be declared an expert. The other type of witness is called an expert witness. Frequently, people have their neighbors, friends, family members, and even their employers testify regarding their knowledge concerning a party’s parenting, handwriting, specific acts, you name it. This type of witness may have some personal knowledge or experience with you, on the other hand. Simply put, a lay witness is a witness who does not have any expertise in any area they wish to testify. The first type of witness is called a lay witness.
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