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  • 5.

    Be alert to inconsistencies or variations in a witness's testimony;

  • 6.

    Be alert to possible variations between different witnesses' testimony;

  • 7.

    Review all prior statements of the witnesses and any prior relevant testimony of the

prospective witnesses;

  • 8.

    When appropriate, obtain and review laboratory credentials and protocols and other similar documents for possible use in cross-examining expert witnesses;

  • 9.

    When appropriate, review relevant statutes and local police regulations for possible use in cross-examining police witnesses;

  • 10.

    Have prepared a transcript of all audio or video tape-recorded statements made by witnesses;

  • 11.

    Be alert to issues relating to witness credibility, including bias and motive for testifying; and

    • 12.

      Have prepared, for introduction into evidence, all documents that counsel intends to use during cross-examination, including certified copies of records such as prior convictions of witnesses and prior sworn testimony of witnesses.

  • F.

    Counsel should consider conducting a voir dire examination of potential prosecution witnesses who may not be competent to give particular testimony, including expert witnesses whom the prosecution may call. Counsel should be aware of the applicable law of the jurisdiction concerning competency of witnesses in general and admission of expert testimony in particular in order to be able to raise appropriate objections.

G. Prior to trial, counsel should ascertain whether the prosecution has provided copies of all prior statements of the witnesses it intends to call at trial. If disclosure is not timely made after the witness has testified, counsel should prepare and argue (a) motion(s) for:

  • 1.

    A cautionary instruction;

  • 2.

    Adequate time to review the documents or investigate and prepare further before

commencing cross-examination, including a continuance or recess when necessary;

    • 3.

      Exclusion of the witness’s testimony and all evidence affected by that testimony;

    • 4.

      A mistrial;

    • 5.

      Dismissal of the case; and

    • 6.

      Any other sanctions counsel believes would remedy the violation.

  • H.

    If appropriate, at the close of the prosecution's case and out of the presence of the jury, counsel

should move for a judgment of acquittal on each count charged. Counsel should request, if


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