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Documentation Index

Fetch the complete documentation index at: https://docs.litigationlabs.io/llms.txt

Use this file to discover all available pages before exploring further.

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.

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

Phase Descriptions

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.

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.

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

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

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

Ended

The simulation concludes with session summary and scoring.

Witness Examination Phases

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

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.

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.

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.

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

Phase Transitions

The platform guides you through phase transitions with clear indicators.

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

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

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

Phase-Specific Strategies

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

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

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)

Closing Strategy

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

Phase Tracking in the Interface

Progress Bar

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

Status Bar

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

Witness Toolbar

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

Rebuttal and Surrebuttal

In some scenarios, additional phases exist:

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

Surrebuttal

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

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.

Witness Toolbar Features

Throughout examination phases, the Witness Toolbar provides:

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

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

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