Trial Technique

Trial- the presentation of credible evidence sufficient to persuade the court to believe in the
justness of a party’s cause as against that of the other party.
Credibility of Evidence
1. Evidence must conform to common experience. To the trial judge, probabilities rest
largely on evidence. Indeed, trial is a contest of probability.
2. The inference drawn from the evidence presented is logical. A conclusion that defies
logic cannot be believed.
3. The critical evidence is compatible with undeniable evidence of record. Object evidence
is the highest form of evidence. A testimony that is incompatible with it cannot be
believed.
4. The essential evidence is consistent with the surrounding circumstances.An asserted
fact, if true, should be supported by evidence of the circumstances that surround it, such
as:
a. Antecedent Circumstances- A party’s claim that a fact is true should be
consistent with the events preceding the occurrence of that fact.
b. Concomitant circumstances
c. Subsequent circumstances
5. A credible witness gives the evidence.- Even when the facts he narrated are logical and
natural, the known character of the witness for lying could make his statement
unbelievable.
6. The witness relates his story spontaneously. A testimony to be believed must have no
traces of coaching and rehearsal.
7. Witness has been consistent in his statements.
8. The demeanor of the witness reflects a character for truth.
Stages of Work Relating to Trial
A. Preparation
Trial Brief- is the counsel’s personal strategy and materials for the trial. Trial brief
specifies the plans for assaulting the opponent’s position or defending the counsel’s own
cause.It is to be distinguished from the Pre-trial Brief that the court usually requires the
parties to submit before the pre-trial conference.
● (Map of the Terrain) The counsel needs to have access to all the facts and the
documents relating to the legal dispute involved in the case. The counsel need to
arrange the facts in some order that will speed up his research. A collection of
the applicable laws and rules and a drawing of the issue/s for trial would
complete the map for trial.
● (troops and weapons) The counsel needs to assess the value of the testimonies
of the witnesses and the available documentary evidence from both sides. The
assessment will enable the counsel to determine how best to use what evidence
he has for building the case and to demolish that of the opponent.
● If the counsel have an organized and comprehensive trial brief, he does not have
to re-read the record of the case each time the court sets it for trial.
Contents of a trial Brief
1. Brief summaries of the opposing claims of the parties.
A brief summary of the allegations of the plaintiff’s complaint and of the

defendant’s answer in a civil case will enable the counsel to see his position in
the case side by side with the position that his opponent takes.
The point in making the summaries of opposing claims of the parties is to enable
you to see clearly where the issue/s lies.
In a criminal case,the counsel would be making the summaries of the offended

party’s complaint affidavit along with the criminal information, on the other hand,
and the counter affidavit of the accused and his witnesses, on the other.
2. Outline of applicable law.
Knowing the applicable laws will expand the counsel’s understanding of what the
dispute among the parties is about. Knowledge of the applicable law will help the
counsel examine his options and adopt a winning position that is consistent with
such law.
Be sure to include in the search laws and cases that the opposing party can
invoke against you to avoid being trapped into unwittingly stipulating some facts
that could harm your case.
3. A statement of the factual issue/s subject of trial.
Factual issue- an issue becomes factual when the contending parties cannot
agree that a thing exists or has actually happened.
2 types of factual issues:
a. Principal factual issues- proceeds from the complaining party’s basic

allegation of wrongdoing against the other party who denies such
allegation.
b. Subordinate factual issues- issues raised in connection with the principal
factual issue.
Legal issue- an issue is legal when the contending parties assume a thing exists
or has actually happened but disagree on its legal significance or effect on their
rights.
● Only factual issues are tried in court and are resolved by weighing the
conflicting evidence of the parties. Legal issues are decided by applying
the law on the established facts of the case.
● Importance of identifying the issues:
1. The judge will decide the case based on such issue/s

2. Every angle of the case must take their bearing on such issue/s.
Every move (deciding what evidence to present, facts to admit,
and testimony to block) must be guided by the evidence.
4. Theory of the case
The theory of the case should:
● Consist of a brief statement of what facts you have to prove to win the
case, taking into account the applicable laws and Supreme Court
decisions and evidence that you expect the other side to prove.
● Be an outline of how memorandum of arguments will look when you
submit it to the court at the end of trial.
● Not be a mere repetition of the summary of the opposing claims of the
parties.
● It is the theory of the case that will guide you in formulating your trial
strategy and your search for testimonial and documentary evidence.
5. Detailed narration by each of your witnesses, with supporting documentary

evidence.
The narration of the witness should contain evidentiary details that would enable
the judge to clearly and vividly visualize the incidents subject of the testimony.
6. Exhibit files
This will consist of originals of your exhibit and their photocopies in case you
prefer to keep the originals and leave only the photocopies with the court after
obtaining stipulation that the latter copies are faithful reproduction of the originals.
7. Detailed outline of the facts that your opponent’s evidence will prove.
You should have the list of witnesses for the opposite side with a detailed recital
of their detailed testimonies.
8. Cross-examination guide.
This should consist of probable questions that you could ask your opponent’s
witness to demolish his testimony.
9. Report of progress of trial and notes on revision of strategies.
After each hearing, make a brief summary of the testimonies of the witnesses
presented and the documentary evidence brought up in the course of such
testimonies.

Trial Technique

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What are the stages of work relating to a trial?

What are the components of a trial brief?

Trial- the presentation of credible evidence sufficient to persuade the court to believe in the

justness of a party’s cause as against that of the other party.

Stages of Work Relating to Trial

Contents of a trial Brief

1. Brief summaries of the opposing claims of the parties.

A brief summary of the allegations of the plaintiff’s complaint and of the

In a criminal case,the counsel would be making the summaries of the offended

2. Outline of applicable law.

3. A statement of the factual issue/s subject of trial.

2 types of factual issues:

a. Principal factual issues- proceeds from the complaining party’s basic

● Importance of identifying the issues:

1. The judge will decide the case based on such issue/s

4. Theory of the case

The theory of the case should:

5. Detailed narration by each of your witnesses, with supporting documentary

9. Report of progress of trial and notes on revision of strategies.

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