![]() ![]() Participation by a defendant in the discovery process, including the taking of any deposition by a defendant or the filing of a public records request under chapter 119, Florida Statutes, for law enforcement records relating to the defendant’s pending prosecution, which are nonexempt as a result of a codefendant’s participation in discovery, shall be an election to participate in discovery and triggers a reciprocal discovery obligation for the defendant. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a “Notice of Discovery” which shall bind both the prosecution and defendant to all discovery procedures contained in these rules. For this reason, it is crucial that every trial lawyer understands how to successfully cross examine a witness with inconsistent prior statements from their deposition, while complying with Florida law.(a) Notice of Discovery. ![]() If you can impeach a witness on the stand with inconsistent statements, this resonates with the jury. Despite our best attempts as lawyers, many cases rise and fall on the credibility of witnesses. Our Experience Impeaching WitnessesĪt Senior Justice Law Firm, our Boynton Beach injury attorneys work everyday to help our clients get justice for their injuries. ![]() Cross exam’s are most compelling when they are short, sweet and to the point. Do not belabor the point during your cross examination. You should revisit the changes in testimony in closing. Now move on! Rehash Changes in Testimony in Closingĭo not beat a dead horse. ![]() They understand the witness is changing crucial testimony. Why give the witness a chance to explain her inconsistency? The jury was listening. Some lawyers like to ask more follow up questions like “So your answers have changed in trial from your deposition testimony, right?” I personally see no need for this follow up. Inconsistent Statement is Noted by the Jury. Was the blue car more than a car length ahead of you?Ī.
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