Dealing with Sub Rosa at Trial
Have you ever received the defense trial exhibit list only to find that they listed hundreds of sub rosa videos and photographs of your client? It’s a miserable experience and makes you immediately wonder what horrible, damaging evidence lay in wait. In this breakout session, we will cover the basics on compelling sub rosa once you know the defense has it, or, if you’re not sure if the defense has it, making sure you’re doing what you need to be doing to ensure that your judge will exclude it at trial for not producing it sooner. We will also be covering the dos and don’ts for the cross-examination of the private investigator at trial, as well as developing a go to script that you can use the next time you’re in trial. Every attorney that signs up for this breakout session will perform a live cross-examination on an unknown witness who will pose as a private investigator and be prepared to go toe-to-toe with you in front of your classmates. Participants will receive instant feedback to help hone your cross-examination skills against what often proves to be a surprise, sneaky witness.
- For those participants who do have sub rosa in their actual cases, you will be required to forward the materials from one case to Brian (email@example.com) & Sophie (firstname.lastname@example.org) no later than 1 month before the breakout session.
- For those participants who do not have sub rosa in their actual cases, you will be required to notify Brian & Sophie no later than 1 month before the breakout session, and we will send you a link to provided materials for you to learn and study.
- 2 weeks before the breakout session, participants will have a 30-minute zoom session with either Brian or Sophie to discuss the materials, cross-examination ideas, expectations for the breakout session, and further instructions on what and how to prepare for your live cross-examination.
- Participants will learn the importance of tone and demeanor when crossing private investigators who have obtained sub rosa on your client.
- Participants will learn the “straw man” technique and how to best implement it when crossing private investigators who have obtained sub rosa on your client.
- Participants will perform a 3–5-minute cross-examination of an unknown witness who will be familiar with the materials and will be prepared to engage in a meaningful, lifelike cross-examination.
- Participants will collaborate after each cross-examination to develop one another’s cross-examinations and to refine each other’s skills.