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approx. 180 pages
1 volume bound
Canada Law Book

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Witness Preparation: A Practical Guide, Fourth Edition
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Witness Preparation: A Practical Guide, Fourth Edition provides everything you need to know about choosing, interviewing, and preparing a witness.

This resource provides everything you need to know about choosing, interviewing, and preparing a witness. In addition to providing "tried and true" tips for witness preparation, it addresses significant developments in electronic discovery, the law of child witnesses and witnesses under a disability, and the law of conflicts of interest and privilege. Topics covered include:

  • Interviewing prospective witnesses
  • The decision to call a witness
  • Preparation for examination-in-chief
  • Preparation for cross-examination
  • Evidence and trial procedure
  • Preparation for examination for discovery
  • Preparing experts
  • Preparing child witnesses
  • Preparing adults with mental disabilities
  • Witness preparation and professional responsibility

New in this edition

A witness’s grasp of the facts, and his or her ability to convey evidence in a coherent, believable manner, has a profound effect on how a case will unfold. This edition of Witness Preparation: A Practical Guide has been updated to showcase the critical importance of properly and thoroughly preparing witnesses. It traces the process of witness preparation – from initial interviews to final trial preparation – in addition to closely identifying challenges associated with preparing particular categories of witnesses such as experts, children, and witnesses under a disability. This latest edition also includes updates in respect of the law of privilege and reviews the most current research on memory tainting and witness suggestibility. The lawyer’s professional responsibility in respect of witness preparation features heavily, and specific chapters are devoted to preparation for discovery, examination in chief, and cross-examination.

About the Author

Bryan Finlay, Q.C., is senior trial and appellate counsel at WeirFoulds LLP, where he has practised since 1969, having clerked for Justice Spence of the Supreme Court of Canada. He is a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers, an Honorary Overseas member of the Commercial Bar Association (England and Wales); a co-editor of Electronic Documents: Records Management, e-Discovery and Trial, and of Witness Preparation: A Practical Guide, both published by Thomson Reuters.  Since 2015, Bryan has also been on the Advisor Roster for Toronto for the Supreme Court Advocacy Institute.

The Honourable Thomas A. Cromwell, C.C., was a judge of the Supreme Court of Canada between 2008 and 2016, having previously served as a judge of the Nova Scotia Court of Appeal from 1997. He is senior counsel in the Ottawa and Vancouver offices of Borden Ladner Gervais, and serves as the Chair of the Chief Justice of Canada's Action Committee on Access to Justice in Civil and Family Matters. He received his legal education at Queen’s and Oxford University and is also the editor of Effective Written Advocacy, a co-editor of Witness Preparation: A Practical Guide (both published by Thomson Reuters), and of Preparation of Factums (Canada Law Book).

Nikiforos Iatrou is a prominent competition litigator, having served from 2009-2012 as counsel to Canada’s Commissioner of Competition. A former clerk of Court of Appeal for Ontario, Niki is also a member of Middle Temple, having undertaking a pupillage in the Inns of Court in London, England as a Harold G. Fox Scholar. He is a contributing author of Electronic Documents: Records Management, e-Discovery and Trial, a co-editor of Witness Preparation: A Practical Guide (both published by Thomson Reuters), and the editor of Litigating Competition Law in Canada.