I was direct examined by opposing counsel last week he was not allowed to lead me as I was not an adverse witness in anyway. The risk is that the defendant could end up making a borderline prosecution even stronger if the jury decides the person is not telling the truth, resulting in a conviction. And my experience at Temporary Hearings is that the Plaintiff’s counsel actually gets to speak BOTH first and last. plaintiff’s case in chief, and defense counsel should avoid re-calling any witness in the defense case. These advantages are one reason I will always try to have my client testify last in his or her case in chief. I had a interesting debate with a very knowledgeable and well respected colleague recently about whether it was wise for the plaintiff to call the defendant doctor as a witness during the plaintiff’s case-in-chief. • Attorney at Law. In most competitions  going last is considered a big advantage. The problem in calling the defendant to testify is the second act: cross-examination. Unable to know what gaps might exist in the plaintiff’s evidence, the defendant is unable to testify in a way that highlights these gaps. Only one time in my career has an opposing attorney called my client in her case in chief after the plaintiff testified.

There are no “Perry Mason” moments when the real perpetrator is unmasked in the closing moments of trial. The Defense (my wife) testified for 4 days on direct, my attorney crossed for 3 days, the defense redirected but was limited so they finished after 15 minutes. Nor is history much of a guide for lawyers trying to decide whether to call the defendant to testify. These advantages are one reason I will always try to have my client testify last in his or her case in chief. Unable to be sure what evidence might be presented by subsequent witnesses, a defendant called as the plaintiff’s first witness is typically less likely to make bold claims that might be contradicted by later testimony or evidence. So calling a white-collar defendant to testify has its own issues by requiring the person to explain away statements that can make them look disingenuous — or worse.

Mr. Coscia testified that he “absolutely wanted to fill every order” entered by his firm, according to Reuters, disputing the government’s core claim that he had no intention of having them filled. Mr. Coscia used an algorithm through his firm, Panther Energy Trading, to enter and cancel in milliseconds a number of large orders in 2011, making more than $1 million from trading in a few months. Now I am still on direct by opposing counsel, my attorney plans to do my complete direct now on cross and if he wants he can lead me. Applying these notes, a Federal judge will typically not allow defendant’s counsel to lead the defendant when the defendant is called by the plaintiff. Yes. Required fields are marked *, Notify me of followup comments via e-mail. ______________________________________ Folks typically avoid upending the status quo unless they think they have a strong likelihood of successfully doing so. If Mr. Allen had not testified, it would be nearly impossible to glean that meaning from his response, which on the surface appears to accede to the trader’s request. Based on distinctions between the South Carolina Rule of Evidence 611 and the Federal Rule of Evidence 611, in South Carolina there are two big risks for a plaintiff’s attorney calling the defendant in the plaintiff’s case in chief. When my teacher showed us a video of Plantiffs and Defendants, I was shocked at what Chevron did to those people, well they didn’t really do anything, but they poisoned all the things in the rain forest where some people lived, the oil also caused lots of crops to die and people got cancer, it was just horrible when I watched it. South Carolina Rule of Evidence 611(d) might preclude the defendant from being recalled otherwise (“After the examination of the witness has been concluded by all the parties to the action, that witness may be recalled only in the discretion of the court”). Can the Defendant refuse to testify if called first by the Plaintiff? In my client’s case in chief I avoided calling him as a witness, even though there were a few items I wouldn’t have minded him clarifying.

He said yes, I said no. Of course this totally overlooks the advantages of being Plaintiff at the Temporary Hearing where the judge has a mere 15 minutes devoted to the proceeding. Especially in white-collar cases, which revolve almost exclusively around what the defendant was thinking at the time, the witness’s credibility can push the rest of the evidence into the background.

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