Jury instructions.
"What were your key takeaways from the program? Using deposition to get the jury instructions you want."
Getting the Charge: How to Elicit Testimony to Secure the Wantonnes...
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Description
Description
While a wanton conduct jury charge is commonplace in cases against drunk drivers, courts often stop short of giving the charge without such explicit conduct. However, recent court decisions–even in conservative venues–have expanded and clarified the definition of wanton conduct against individuals, giving trial lawyers the opportunity to maximize damages in a broader range of cases.
Join trial lawyer Heidi DiLorenzo as she explores how to preplan your depositions to elicit the necessary testimony to prove wantonness, convert that deposition testimony into air-tight trial testimony, and successfully argue for a wantonness jury charge. She will discuss the pros and cons of asking for punitive damages against an individual defendant and how to frame the ask once the judge has ruled to give the charge.
This 60-minute webinar will cover:
- Discovery planning and jury instructions
- Jurisdiction-specific case authority and rules
- Deposition of the defendant, including the purpose of rules, conformity of the defendant’s conduct, and their knowledge of the danger
- Converting the deposition testimony into trial testimony
- Lawyer’s demeanor
- Juror perception of the defendant
- Punitive or compensatory damages
- Framing damages around community protection and deterring future behavior
Click here for Access Instructions for On Demand Programs
Each user must register individually as they will need their own login to access the program and comply with CLE requirements.
Need accreditation in another jurisdiction? Fill out this form and note Course No. 240829D00.
Author
Author
Details
Details
On Demand Program: 60 Minutes
Original Air Date: 08/29/2024
Accreditation
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MO, VA
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Overall rating: 4.785714 / 5 from 14 reviews.
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Start from the end.
"What were your key takeaways from the program? Start from the end."
Very helpful.
"What were your key takeaways from the program? Question outline very helpful."
Importance of establishing.
"What were your key takeaways from the program? Importance of establishing elements of charge using defendant depos."
Bootstrap the language
"What were your key takeaways from the program? Bootstrap the language you used in your jury instructions to the language of your cross"
A very clear understanding
"What were your key takeaways from the program? A very clear understanding of how to establish wantonness throughout litigation to solidify it in trial. The use of the deposition and cross transcripts were very helpful to know how to utilize the wantonness language. Now I know how to use it in my own practice moving forward."
Get the rough trial
"What were your key takeaways from the program? Get the rough trial transcripts so you can use them in the charging conference."
Depo questioning is key
"What were your key takeaways from the program? Depo questioning is key, in advance of any testimony at trial. Which topics did you find least valuable and why? It was all good."
Jury instructions are key
"What were your key takeaways from the program? Jury instructions are key not just to instruct the jury but to formulate your deposition questions."
Jury instructions at the
"What were your key takeaways from the program? Jury instructions at the very beginning of the case. Wish we had bad faith in TN"
