preparing the witness for testimony george (tex) quesada sommerman & quesada

Preparing the Witness For Testimony

George (Tex) Quesada

Sommerman & Quesada

1. Sit Down and Listen.

One Eye on the Record

One Eye on the Jury

Illustration of Preparation

2. Go Over the Paperwork.

Pleadings

Discovery

Jury Questions?

Critical Documents

3. Go Over the Basics.

4. Know the Rules.

Know the Objections

Know the Court

Know Opposing Counsel

5. Daubert?

6. Listen to the Witness.

Pojar v. Cifre, 199 S.W.3rd 317 (Tex. App.—Corpus

Christi 2006, pet denied) Old-Fashioned Way

State v. Target Corp.,

194 S.W.3rd 46 (Tex. App.—Waco 2006, no pet.)

calculations not produced; re-deposition removed surprise

Bocanegra v. Vicmar Services, Inc

320 F.3rd 581 (5th Cir. 2003)

“It would seem undisputed that a person who has taken 5 or 6 hits off a marijuana joint will be impaired.”

Toben, Underwood, Underwood, Wren, “Straight from the Horse’s Mouth: Judicial Observation of Jury Behavior and the Need for Tort Reform,”

Baylor Univ. Law Review, Spring 2007

“There has been a decline of more than 50% in the number of civil jury verdicts in Texas from 1985 to 2002.”

State Farm Fire Lloyds v. Mireles,

63 S.W.3rd 491 (Tex. App.—San Antonio 2001, no writ)

State Farm Fire Lloyds v. Mireles,

63 S.W.3rd 491 (Tex. App.—San Antonio 2001, no writ)

“Only God Knows”

State Farm Fire & Casualty Co. v. Rodriguez,

88 S.W.3rd 313 (Tex. App.—San Antonio 2002, pet. denied)

Factors re: foundation damage

• Plumbing leaks

Factors re: foundation damage

• Plumbing leaks

• Climatic conditions

Factors re: foundation damage

• Plumbing leaks

• Climatic conditions

• Poor drainage/watering patterns

Factors re: foundation damage

• Plumbing leaks

• Climatic conditions

• Poor drainage/watering patterns

• Railroad

Factors re: foundation damage

• Plumbing leaks

• Climatic conditions

• Poor drainage/watering patterns

• Railroad

• Bowling Ball Plant Explosion

Q: Now as we sit here today…can you allocate, to a percentage, the cause, the damage to this house and attribute a hundred percent of this house allocated to these…causes?

A: “Absolutely not. That would be a wild-a** guess”

Quesada@Textrial.com