In this Book

On the Jury Trial: Principles and Practices for Effective Advocacy

Book
Thomas M. Melsheimer and Judge Craig Smith
2017
summary
Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.

Table of Contents

Cover

Title Page, Copyright

pp. i-iv

Contents

pp. v-vi

List of Figures

pp. vii-viii

Foreword

pp. ix-xii

Acknowledgments

pp. xiii-xiv

Introduction

pp. 1-4

Voir Dire

pp. 5-36

Opening Statement

pp. 37-72

Preparing Witnesses: Direct Examination and Cross Examination

pp. 73-100

Cross Examination

pp. 101-124

Working with Expert Witnesses

pp. 125-138

Using Demonstrative Exhibits and Other Aids in Trial

pp. 139-150

Closing Argument

pp. 151-180

Court’s Charge

pp. 181-186

Jury Research

pp. 187-194

Motions in Limine

pp. 195-202

Know Your Audience

pp. 203-208

Judge’s Viewpoint

pp. 209-222

Trial Lawyer’s Viewpoint

pp. 223-232

Afterword

pp. 233-236

Appendix on Preparing Witnesses for Deposition

pp. 237-250

Appendix on Legal Writing Tips

pp. 251-254

Praise for: On the Jury Trial

pp. 255-256

Index

pp. 257-259
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