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Why do American lawyers fall in love with oral testimony? What is the magic of this court strategy?
In the American legal system, oral testimony (Depositions) is an important tool that lawyers rely on heavily. The solemn deposition, which takes place outside the courthouse, allows attorneys to ask witnesses questions and keep the testimony in court to be used if needed. The development of this strategy is not only an evolution of the legal process, but also reflects the profound significance of the litigation process and how it affects the final decision of the court.
The real power of oral testimony is that it reveals a witness's true thoughts and feelings, which cannot be conveyed in written testimony.
Under the U.S. Federal Rules of Civil Procedure, the use of depositions allows attorneys on both sides to obtain a clear preview of the evidence and facilitates a fair discussion of the case. Oral testimony provides a transparent way of information and avoids possible surprises in court, which greatly reduces the occurrence of unfair situations and improves the efficiency of litigation.
This form of testimony dates back to 15th century England, and its modern form developed in 19th century America. At the time, Judge Kantor of New York enabled lawyers to personally participate in depositions, making them no longer closed secret proceedings. This strategic shift allows lawyers to better understand the witnesses' thinking and develop corresponding legal strategies.
During the trial, lawyers' questioning skills and strategies can attract the attention of witnesses and effectively obtain the necessary information.
In legal practice in the United States, oral testimony often takes place in a lawyer's office or other location outside of a courtroom. Such flexible location selection allows lawyers to conduct questioning in an informal environment, which helps witnesses express themselves more relaxedly. As a result, lawyers are able to capture the witness' emotions and reactions at the time, which may become important evidence in subsequent court confrontations.
In addition, oral testimony is recorded by a legal reporter, who creates a written record that can be used as evidence in court. These oral testimonies can be used to question a witness' credibility when their statements are contradicted in court. In certain circumstances, if witnesses are unable to testify in court, their testimony may still be introduced, further emphasizing the importance of oral testimony in legal proceedings.
Through oral testimony, attorneys are able to obtain key information during the litigation process and develop appropriate legal defense strategies.
Lawyers are increasingly attaching importance to videotaping oral testimony, which not only provides visual evidence to the court, but also helps the judge or jury better understand the witness's situation and emotions, which can influence the jury's decision in the final verdict. Perceptions of witness credibility.
In the legal world, oral testimony is not just a means of seeking the truth, it is also part of legal strategy. The magic of oral testimony is demonstrated by the way lawyers design questions to guide witness statements or lead into contradictions, and in some cases even to reveal the opponent's weaknesses.
Therefore, in American litigation, whether it is the questioning of the defendant or the questioning of witnesses, the strategic use of oral testimony has become the key to the success of lawyers. It can not only help lawyers clarify the facts, but also create strong evidentiary support in court, which may play a decisive role in subsequent legal decisions. However, the legal world is undoubtedly full of challenges and uncertainties. How will the future of oral testimony evolve?
