Consider the situation in which your adversary might not know about the potential weakness. Listening to the questions posed to the witness and the answers given by him on cross are crucial to a successful spontaneous redirect.
Without a crystal ball, however, it is a decision to be made after careful analysis on a case-by-case basis. That's not exactly correct.
Your strategy worked. Generally, the scope of redirect examination is limited to the scope of cross-examination. This is the one situation where reserving evidence until redirect might be advantageous. Redirect examination is not the time to merely repeat that which was brought out during direct, although it can be an opportunity to emphasize testimony that was unintentionally or mistakenly elicited on cross that is damaging to the cross examiner's own cause.
Ben B. Let me direct your attention to the point where you stated it was not completely true. In this area, counsel must try to anticipate the areas in which the witness is vulnerable and prepare the witness in advance with positive spins and explanations in the event the anticipated issues are brought out during cross. While trial lawyers often painstakingly prepare for direct and cross-examination, far too little attention has been given to this crucial phase of trial. A strong, and ofttimes dramatic, redirect examination could be the last time the jurors hear from a particular witness and therefore, the testimony that the jurors will most likely retain in their memory.
Each of these answers cries out for explanation. This tactical maneuver serves essentially three purposes. Spontaneous Redirect The two purposes of spontaneous redirect are to minimize or undo the damage that was unexpectedly elicited during your adversary's cross, that hurt your case, or to hammer home areas that your adversary inadvertently stumbled upon during his cross of the witness, that hurt her case.
Each provides for a fertile line of inquiry on redirect:.
While many lawyers think of redirect as one broad category of witness examination, in reality there are two types of redirect; 'anticipatory' and 'spontaneous' redirect.
Explain that doctor.
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Cross may have also brought out the witness' interest, bias or motive to testify in a certain manner. Rarely will lawyers prepare for or even think about preparing for redirect prior to trial.
You would never perform surgery if you were too tired , true? There is little time to prepare the spontaneous redirect.
You understand the need to be able to concentrate during this type of surgery? If he brings this undoubtedly harmful information out on direct, he has unquestionably 'opened the door' to a potentially devastating cross by plaintiff's counsel which may or may not be effectively rehabilitated.