- Have the witness' affidavit out and easily accessible before your examination begins.
- When the witness says something inconsistent with the affidavit - begin the impeachment process.
- Show opposing counsel.
- "Your Honor, please let the record reflect that I am showing opposing counsel the witness' affidavit."
- Ask permission to approach the witness.
- "Your Honor, permission to approach the witness?"
- Show the witness their affidavit.
- "You remember making a statement in this case?"
- "You knew to be completely truthful?"
- "You were aware that you had a duty to update that affidavit if new information arose?"
- "Please read along silently as I read aloud Line whatever."
- Read the line aloud.
- DO NOT ASK THE "SO" QUESTION!
- You will be so tempted to ask "So, in your statement you said X but here in court you said Y, what do you really mean?
- They will give you a nice long answer about the discrepancy and explain it away.
- ARGUE THE INCONSISTENCY IN CLOSING ARGUMENT!
- http://www.slu.edu/pre-law-home/academics/mock-trial/mock-trial-tips