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Today’s Tip for Commercial Litigators: Use Witnesses to Explain Documents
Wednesday, October 23, 2013

Once an exhibit is properly marked and admitted into evidence, the document can be shown to the jury. In and of itself, this is not sufficient to educate the jury on the significance of the document. Therefore, use your witnesses to explain the importance of the document, which you can then reinforce during closing argument.

Many times, counsel never shows the jury the document that has been admitted into evidence. Instead, the exhibit merely is referenced in closing argument, if at all. When a document is not integrated into the fabric of your case, who knows how a jury will utilize a document in deliberations? There is a real risk that jurors may ignore the document, or worse yet, draw the wrong conclusion from it because it was not properly explained during your case in chief.

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