David Serna Lawyer

Lawyers must bear in mind that the direct examination of their witnesses must seem unrehearsed to the jury. This helps the direct examination look more sincere, credible, and convincing. To achieve this, David Serna, a lawyer, tells litigators that they must converse with their witnesses instead of expecting the answers they have already acquired before the trial. In this short blog, David Serna, a lawyer, shares some of the insights he acquired from 4 decades of practice and litigation. Preparing witnesses for the questions asked during the direct examination Although lawyers must not read their questions while conducting the direct examination of their witnesses, lawyers must make an outline of the presentation of the witnesses and the questions they want to ask each witness. This list of questions must be given to the witnesses in advance so that they know what to expect and what to answer during the trial. Some of the best lawyers write down an outline of their theo...

Crash reconstruction is a science that involves mathematics and physics to determine what happened before, during, and after a collision. Reconstruction witnesses testify about the details of a collision, such as the speed of a vehicle, the cause of a collision, and the motion of the vehicle before and after an impact. David Serna, a lawyer of over 40 years, advises young prosecutors in preparing for the cross-examination of defense reconstruction witnesses. The prosecutor must know whether the evidence or data gathered and used by the witness supports a reliable conclusion. Here are three things to remember before conducting a cross-examination of reconstruction witnesses. 1.        Review the crash report It is important to read the crash report of the opponent’s expert crash reconstructionist. The prosecutor’s crash reconstructionist can help him understand the factors considered by the opponent’s reconstruction witness and determine the shor...

One way to undermine the evidence of an opponent is to impeach his or her witnesses based on inconsistencies in his or her testimony. Lawyers are always advised to listen during the direct and cross-examination because this is the perfect time to observe the testimony and behavior of the witnesses of their opponent. David Serna, a lawyer of over 40 years, offers helpful tips to both new and experienced lawyers. Today, he discusses prior statements of witnesses governed by the Federal Rules on Evidence 613. Discrepancies in testimonies are expected when several witnesses are testifying to the same incident. It is but natural that these individuals remember the details of the incident differently.   However, lawyers should consider only those errors and testimonial inconsistencies that are significant and deserving of the jury’s attention. Persistently bringing up minor inconsistencies will only waste the time of the court and will most likely annoy the jury. FRE 613 prov...

Many lawyers, both old and new, take courtroom etiquette for granted. Being polite and behaving respectfully in court will leave an impression not only on the judge but also on the jurors, on your clients, and your opponents. While almost all lawyers have watched how a trial is conducted on television, only a few have been in a courtroom. The experience varies. Sometimes, the environment can be intimidating. Other times, it feels welcoming. Today, David Serna, a lawyer based in Albuquerque, New Mexico, shares some useful tips on how to behave in court. 1.        A non-combative tone helps your case. Judges make errors. Although lawyers may suggest corrections when this happens, they must do so properly, timely, and politely. Never raise your voice. Let the judge finish speaking before you express your concerns or ask questions. Interrupting the judge makes you look aggressive or too eager. Timing is everything. You do not want to come off as arr...