Evasive Witness Part 4: Witnesses Who Refuse To Give An Opinion

Evasive Witness Part 4: Witnesses Who Refuse To Give An Opinion

A white dog meditating

Witness Won’t Give An Opinion, stay chill

This category describes a witness who will no give any opinions, claiming, “I’m only a fact witness.” In this situation, be prepared to have case law available to cite that lay opinion is different than expert opinion, and also that opinion testimony is discoverable in order to prepare for trial.

This situation is similar to defense witnesses who refuses to acknowledge any standards and norms. If such witness holds a position to have opinions on the subject asked and should know the answers, then you can show the defense witness to be incompetent or incredible by pursuing the subject of his no-opinion position. For example:

Q: “Mr. Witness, you are the risk manager for the XYZ Casino, and you have been in such an authoritative position for over ten years, and as such you are responsible for the safe condition of the casino floors as well as the safety of your many patrons, and you have no personal or professional opinion as to whether or not this photo of a broken step shows you a foreseeable tripping hazard for your patrons?”

Whatever his “no Opinion” answer or reasons for not answering are, will such a person be a credible witness? Will the jury give his testimony any weight?

This was a short Blog for this series we have found that this simple technique is effect. In my next Blog I’m going to address witnesses who answer your questions with spiteful precision who ask you to define your terms. I’ll be on that in my spare time. For more on this subject you might want to take a look at my books.

If you have a “big case” and you would like to talk with me about the Miller Method and determine whether we can work together. If you want to hear from those with whom I have worked visit my site.

Thanks again for reading my blogs

Phillip H. Miller

Trial Consultant/Trial Lawyer

Miller Law Offices

Nashville TN 615-356-2000

Check out the Blogs Parts One/Three

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