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ARTICLE · 18 NOVEMBER 2014

Dealing With Difficult Witnesses: Yours And Theirs

Bradley Arant Boult Cummings LLP
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The term "horse-shedding" or "woodshedding" a witness was coined by the author, James Fenimore Cooper. The phrase originates from the practice of attorneys rehearsing their witnesses in the carriage sheds near the courthouse in White Plains, NY.

United StatesLitigation, Mediation & Arbitration
Anne Marie Seibel
Anne Marie Seibel

CHALLENGING WITNESSES: BEFORE YOU TAKE THEM OUT TO THE WOODSHED, READ THIS

The term "horse-shedding" or "woodshedding" a witness was coined by the author, James Fenimore Cooper. The phrase originates from the practice of attorneys rehearsing their witnesses in the carriage sheds near the courthouse in White Plains, NY. While the venue of such sessions today is unlikely to be a carriage shed, witness preparation remains a central part of trial practice. In fact, while courtroom dramas focus on adversarial exchanges between a lawyer and a witness, some of the most important exchanges take place outside of the spotlight during witness preparation sessions. Not only must a lawyer prepare a witness effectively, but also ethically. Further added to the mix of witness preparation are challenging witnesses, such as chronic multi-taskers, technocrats, busy corporate executives, or witnesses who aren't interested in the truth. Study, diligence, and ethical behavior are

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