Direct Examination 2016
Course Date: April 15, 2016
Total: 5h 49min
Course Date: April 15, 2016
Welcome and Introduction
Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
Preparing Your Lay Witness
- ethical boundaries of witness preparation
- practical tips: what works, what doesn’t
- communicating with witnesses during trial
Moderator: Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
Jennifer L. Francis — Fasken Martineau DuMoulin LLP, Vancouver
Geordie Proulx, QC — Crown Counsel, Ministry of Justice, Vancouver
Direct Examinations in Both Civil and Criminal Cases
- Part 1: strategies and tactics re the calling of witnesses and the tendering of exhibits
- Part 2: demonstration of one way of leading direct evidence
- Part 3: the art and skill of direct examination
- Part 4: demo of direct examination of same witness incorporating techniques for effective direct examination
- Part 5: managing different types of witnesses and re-examination
Moderator: Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Sandra A. Cunningham, QC — Crown Counsel, Ministry of Justice, Vancouver
Catherine A. Murray, QC — Crown Counsel, Ministry of Justice, Vancouver
Managing Different Types of Witnesses
- the “deer in the headlights”
- the forgetful witness
- the witness who tries to blurt out their whole case
Re-Examination of Your Witness
- when to rehabilitate your witness
- what you can get away with and what you can’t
Moderator: Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver
Networking Break
Dealing with the Unexpected
- refreshing memory and use of past recollection recorded
- dealing with a witness whose evidence changes on the stand
- hostile/adverse witnesses
- how to deal with a witness you have subpoenaed but haven't interviewed
- what to do if you suspect your witness is perjuring him/herself
Moderator: Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Eric V. Gottardi — Peck and Company, Vancouver
David E. Gruber — Farris, Vaughan, Wills & Murphy LLP, Vancouver
Lunch
Use of Demonstrative Aids in Direct Examination
- what kinds of aids are available
- use of technology
- importance of visual aids
- examples of effective use
Moderator: Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
Daniel L. Mulligan — Crown Counsel, Ministry of Justice, Vancouver
Michael J. Slater, QC — Slater Vecchio LLP, Vancouver
Preparing and Direct Examination of Experts
- qualifying your expert
- organization/introduction of the expert's testimony
- how to use the expert's report in oral testimony
- when and how to deal with the expert's file in oral testimony
- re-examining your expert
- avoiding the appearance of advocacy
Moderator: Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
Howard A. Mickelson, QC — Gudmundseth Mickelson LLP, Vancouver
Shelene Rail — Crown Counsel, Ministry of Justice, Surrey
Networking Break
Judges Panel: Do's and Don'ts of Direct Examination
what we want to hear how we want to hear it what is most persuasive what tactics will irritate your judge examination where the other party is unrepresented Moderator: Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
The Honourable Madam Justice Catherine A. Wedge — Supreme Court of BC, Vancouver
The Honourable Judge Melissa A. Gillespie — Provincial Court of BC, Surrey
Concluding Remarks
Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
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Paper: Preparing a Witness for Direct Examination
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