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Phases of Trial

LitigationLabs simulations follow the sequential structure of actual trial proceedings. Understanding these phases helps you anticipate what comes next and prepare accordingly.

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The Trial Sequence

A complete trial simulation progresses through defined phases: 
Pretrial → Opening → Plaintiff's Case → Defendant's Case → Closing → Ended
Within the case-in-chief phases, witness examinations follow their own sequence: 
Direct Examination → Cross-Examination → Redirect → Recross

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Phase Descriptions

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Pretrial

The pretrial phase prepares you for the examination ahead. What happens:
  • Review case materials and scenario details
  • Study witness profiles and their backgrounds
  • Examine available evidence and exhibits
  • Identify the elicits you need to establish
Your role:
  • Familiarize yourself with the case facts
  • Plan your examination strategy
  • Note potential objection points
  • Prepare your theory of the case
Duration: As long as you need; proceed when ready.

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Opening Statements

Opening statements frame the case for the factfinder. What happens:
  • The judge delivers preliminary instructions
  • Parties present their opening statements
  • The narrative for each side is established
Your role:
  • Deliver your opening statement (if enabled)
  • Listen to opposing counsel’s opening
  • Note promises made that you can later exploit
Note: Opening statements are not evidence. They preview what each side intends to prove.

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Plaintiff’s Case-in-Chief

The plaintiff presents their case first. If you represent the plaintiff:
  • Call your witnesses
  • Conduct direct examination
  • Introduce evidence through witnesses
  • Respond to cross-examination of your witnesses
If you represent the defendant:
  • Cross-examine plaintiff’s witnesses
  • Raise appropriate objections
  • Challenge the foundation for evidence
  • Note inconsistencies for closing argument

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Defendant’s Case-in-Chief

After the plaintiff rests, the defendant presents their case. If you represent the defendant:
  • Call your witnesses
  • Conduct direct examination
  • Introduce evidence through witnesses
  • Respond to cross-examination of your witnesses
If you represent the plaintiff:
  • Cross-examine defendant’s witnesses
  • Raise appropriate objections
  • Challenge credibility and foundation
  • Prepare for rebuttal

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Closing Arguments

Closing arguments summarize the evidence and argue for your theory. What happens:
  • Each side presents closing argument
  • Arguments reference testimony already given
  • The case is submitted for decision
Your role:
  • Deliver your closing argument (if enabled)
  • Reference established elicits
  • Address weaknesses in your case
  • Highlight opponent’s failures of proof

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Ended

The simulation concludes with session summary and scoring.

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Witness Examination Phases

Within each case-in-chief, individual witnesses proceed through examination phases:

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Direct Examination

Purpose: Present favorable testimony through your own witnesses. Characteristics:
  • Open-ended questions preferred
  • Leading questions generally prohibited
  • Establish foundation for evidence
  • Extract the testimony supporting your case
Rules:
  • Cannot suggest answers to your witness
  • Must establish personal knowledge
  • Cannot introduce hearsay without exception
Q: Please state your name for the record. A: Jennifer Walsh.Q: Ms. Walsh, what is your occupation? A: I’m an accountant at Morrison Financial.Q: How long have you held that position? A: Approximately seven years.Q: Directing your attention to March 15th of last year, did anything unusual occur? A: Yes. I discovered discrepancies in the quarterly reports.

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Cross-Examination

Purpose: Challenge and test testimony from opposing witnesses. Characteristics:
  • Leading questions permitted and expected
  • Scope generally limited to direct examination topics
  • Attack credibility, bias, or accuracy
  • Elicit admissions favorable to your case
Rules:
  • Must stay within scope of direct (with exceptions)
  • Cannot argue with the witness
  • Cannot mischaracterize prior testimony
Cross-Examination Outline: When transitioning to cross-examination, CaseSim generates an AI-powered outline:
  • Strategic summary analyzing the witness’s vulnerabilities
  • Prioritized rebuttal items to address
  • Editable before proceeding to cross
Rebuttals Sheet: During cross-examination, a dedicated panel tracks:
  • Rebuttal opportunities with priority levels (High=6pts, Medium=4pts, Low=2pts)
  • Your progress addressing each item
  • OCA coverage when they cross-examine your witnesses
Q: Ms. Walsh, you testified you discovered discrepancies on March 15th, correct? A: Yes.Q: But you didn’t report them until April 3rd, isn’t that right? A: That’s correct.Q: Nearly three weeks later? A: Yes.Q: And during those three weeks, you spoke with Mr. Morrison about the reports? A: I did, yes.Q: Multiple times? A: A few times.

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Redirect Examination

Purpose: Rehabilitate your witness after cross-examination. Characteristics:
  • Limited to matters raised on cross
  • Opportunity to clarify or explain
  • Cannot introduce new topics
  • Repair damage done during cross
When to use:
  • Witness made damaging admission that needs context
  • Cross-examination created misleading impression
  • Witness was confused by question framing
Q: Ms. Walsh, opposing counsel asked about the three-week delay in reporting. Can you explain why you waited? A: Yes. Company policy required me to first verify the discrepancies internally before escalating. I spent those three weeks documenting and confirming my findings.Q: Was there any other reason for the delay? A: I was also consulting with the compliance department to understand proper reporting procedures.

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Recross-Examination

Purpose: Address new matters raised on redirect. Characteristics:
  • Strictly limited to redirect scope
  • Usually brief
  • Final opportunity to challenge the witness
  • Not always necessary

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Phase Transitions

The platform guides you through phase transitions with clear indicators.

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Transition Controls

When ready to proceed:
  1. Proceed button: Advance to the next phase or witness
  2. Phase indicator: Visual display of current and upcoming phases
  3. Transition confirmation: System confirms the phase change

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Automatic Transitions

Some transitions occur automatically:
  • After direct examination, cross-examination begins
  • After all witnesses are examined, the phase advances
  • Session concludes when all phases complete

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Strategic Decisions

At certain points, you make strategic choices:
  • Which witness to call: Order of witness presentation
  • Whether to redirect: After cross-examination
  • When to rest: Conclude your case-in-chief

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Phase-Specific Strategies

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Opening Phase Strategy

  • Focus on your theory of the case
  • Preview key evidence without over-promising
  • Establish credibility with the factfinder
  • Note opponent’s commitments for later reference

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Direct Examination Strategy

  • Build foundation before seeking key admissions
  • Use chronological organization when appropriate
  • Let the witness tell the story
  • Save strongest points for emphasis

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Cross-Examination Strategy

  • Know your goals before beginning
  • Use leading questions to control the witness
  • Commit the witness to positions before challenging
  • Know when to stop (after getting what you need)

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Closing Strategy

  • Synthesize testimony into your narrative
  • Address weaknesses before opponent does
  • Highlight opponent’s failures of proof
  • End with your strongest argument

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Phase Tracking in the Interface

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Progress Bar

The phase progress bar displays:
  • Current phase (highlighted)
  • Completed phases (marked)
  • Upcoming phases (visible but inactive)
  • Witness progress within current phase

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Status Bar

The case status bar shows:
  • Active phase name
  • Current witness (if in examination)
  • Time elapsed
  • Overall session progress

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Witness Toolbar

During examination phases:
  • Current witness identity
  • Examination type (direct/cross)
  • Elicit progress for this witness
  • Witness credibility state

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Rebuttal and Surrebuttal

In some scenarios, additional phases exist:

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Rebuttal

After defendant’s case, plaintiff may present rebuttal evidence:
  • Limited to responding to defendant’s case
  • Cannot introduce new claims
  • Addresses matters raised by defense

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Surrebuttal

Defendant’s response to rebuttal:
  • Limited to rebuttal scope
  • Final opportunity for evidence
  • Usually brief

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Rebuttal in LitigationLabs

The platform tracks rebuttal opportunities:
  • Rebuttals Sheet: Displays prioritized rebuttal items during cross-examination with point values and coverage tracking
  • Cross-Examination Outlines: AI-generated strategic summaries and action items for effective cross, editable before you begin
  • Phase indicators: Clear display of rebuttal opportunities and witness progression
Understanding when rebuttal is available helps you plan your case presentation strategically.

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Witness Toolbar Features

Throughout examination phases, the Witness Toolbar provides:

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Phase-Based Elicit Display

Elicits are visually categorized by their relevance to the current phase:
  • Active elicits: Emphasized with bright colors—pursue these now
  • Inactive elicits: Muted with phase hints indicating when they become relevant

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Coverage Tracking

The toolbar tracks scoring for both sides:
  • Your elicits: Marked with your symbol (π for plaintiff, Δ for defendant) in green
  • OCA elicits: Marked with opponent’s symbol in red
  • Auto-expand: When OCA covers an elicit, the toolbar temporarily expands to show the update

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Focus Filters

Filter elicits by strategic value:
  • All: View every elicit
  • Elicit: Facts that strengthen your case
  • Counter: Facts that weaken the opponent’s case