• How to Try a Jury Case
 
 
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How to Try a Jury Case

How to Try a Jury Case

How to Try a Jury Case by John Kimberling is an essential text for training law school students as well as beginning litigators to communicate with jurors and achieve their clients' objectives at trial while avoiding common mistakes.


Availability: In Stock
Publisher :NITA
Format: BOOK

ISBN: 9781601560193

2007
 
$65.00
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    Anyone who properly prepares for trial and follows common-sense rules of persuasion and advocacy can be a good advocate in the courtroom. How to Try a Jury Case is an essential text for training law school students, as well as beginning litigators, to communicate with jurors and achieve their clients' objectives at trial.

    Author John Kimberling tells how to prepare a case for trial and leads the lawyer through the opening statement, presentation of evidence, cross-examination, and closing argument. By studying this text, the beginner will avoid common mistakes.

    Reviews

    "This book should be required reading for all young litigators with little jury trial experience. It comprehensively covers most of the hurdles facing a new jury trial lawyer. It is written by a masterful trial lawyer. Jack Kimberling was the best trial lawyer I saw in my nearly 50 years in court rooms."

    -Francis J. MacLaughlin, White & Case (retired partner)

    "Mr. Kimberling's book gives good value to lawyers by offering "hidden gems" in preparing for and conducting a jury trial, such as keeping your last peremptory challenge because the next juror presented might be worse than the one you were going to challenge [and] making sure that the Judge actually says aloud that exhibits you offer are "admitted." Kimberling also includes several VERY useful lists of questions to ask jurors and witnesses. This is a first rate book!"

    -William B. Thompson, Attorney, Wheaton, Illinois

    Contents

    Acknowledgments
    Introduction

    1. PREPARATION
    Do You Take the Case?
    Investigation
    Theme of the Case
    Settlement Evaluation and Discussions
    Pre-Trial Motions
    Discovery
    Expert Witness
    Preparation As the Trial Date Approaches

    2. COMMENCEMENT OF THE TRIAL
    General Conduct during Trial

    3. VOIR DIRE
    The Procedure
    Conducting the Voir Dire Examination
    Concluding the Examination

    4. THE OPENING STATEMENT
    Purpose of the Opening Statement
    Preparing the Statement
    The Theme of Your Case
    Some Rules and Guidelines
    Objections to Opponent's Opening Statement
    Concluding the Opening Statement

    5. DIRECT EXAMINATION OF WITNESSES
    Methods of Proof
    Determining Whom to Call
    Preparing Your Witness to Testify
    Presenting the Testimony
    Proof of Damages
    Calling Your Opponent As an Adverse Witness
    Objections to Questions on Direct Examination
    Use of an Interpreter
    Re-Direct Examination

    6. CROSS-EXAMINATION OF WITNESSES
    Constructive Cross-Examination
    Impeachment
    Competence of the Witness
    Bias, Prejudice, or Interest
    Prior Conviction of a Crime
    Prior Inconsistent Statement
    Reputation for Truthfulness
    Some Rules and Guidelines

    7. REHABILITATION OF YOUR WITNESSES
    Explaining an Answer
    Reputation for Truthfulness
    Conviction of a Crime
    Bias, Prejudice, or Interest
    Prior Inconsistent Statement
    When There Is Nothing That Helps

    8. THE EXPERT WITNESS
    Selecting an Expert
    Working with Your Expert
    Learning the Opposing Expert's Opinion
    Preparing Your Expert for His Deposition
    Putting Your Expert on the Stand
    Cross-Examination of Opposing Expert
    Methods of Impeaching and Attacking His Opinion
    Some General Thoughts on Cross-Examination of Expert Witnesses

    9. CLOSING ARGUMENT
    The Procedure
    Nature of the Closing Argument
    Discussion of the Law
    Some Rules and Guidelines
    Damages
    Objecting to Your Opponent's Closing Argument
    Concluding the Argument

    10. SOME CONCLUDING THOUGHTS

    APPENDIX A: Rules for Depositions
    APPENDIX B: Instructions for Witnesses at Trial
    Index

     

    John F. Kimberling


    John F. Kimberling is a Fellow of the American College of Trial Lawyers. Referred to in The American Lawyer as one of the country's top trial lawyers, he tried personal injury and business jury cases for forty years before retirement from active practice in Los Angeles. His cases included antitrust, securities, business tort, banking, and international and maritime personal injury matters. He has since taught trial tactics courses as an adjunct professor at Indiana University Law School. He is a charter member of the Litigation Section of the American Bar Association and received the Distinguished Alumni Service Award from Indiana University. The Indiana University's Maurer School of Law honored Kimberling when they established the John F. Kimberling Chair in Law at the school. Having spent many years teaching at the school and serving in many capacities, Kimberling now serves on their board of visitors. He has authored several books, his latest being on political parties, What This Country Needs, and now lives in Palm Springs and San Diego, California.

     

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