Witnesses and Elicits
Effective examination requires understanding both who you are questioning and what information you need to obtain. This page explains how witnesses and elicits function within LitigationLabs.Witness Profiles
Every witness in a simulation operates according to a defined profile that determines their knowledge, behavior, and relationship to the case.Profile Components
A witness profile contains:Knowledge Boundaries
Witnesses cannot testify beyond their knowledge. The profile defines:- Direct knowledge: Facts the witness personally observed or participated in
- Hearsay knowledge: Information learned from others (subject to objection)
- Gaps: Topics the witness genuinely does not know about
Witness Alignment
A witness’s role affects their testimony posture:
Understanding alignment helps you calibrate your examination strategy. Your witnesses require gentle, open questions. Opposing witnesses require careful impeachment technique.
Understanding Elicits
Elicits are the key facts you must extract from witnesses during examination. They represent the core objective of your questioning.What Is an Elicit?
An elicit is a specific piece of testimony or admission that advances your case theory. Examples:Contract Dispute Scenario
Contract Dispute Scenario
- “Witness confirmed the contract was executed on January 15, 2024”
- “Witness admitted they received the shipment two weeks late”
- “Witness acknowledged the damage exceeded $50,000”
Employment Discrimination Scenario
Employment Discrimination Scenario
- “Witness stated the plaintiff was qualified for the promotion”
- “Witness confirmed no performance issues existed prior to the complaint”
- “Witness admitted the decision-maker made age-related comments”
Personal Injury Scenario
Personal Injury Scenario
- “Witness confirmed the traffic light was red”
- “Witness estimated the vehicle was traveling over the speed limit”
- “Witness observed the defendant using a mobile phone”
Elicit Properties
Each elicit has associated properties:Weighted Importance
Not all facts are equally important. Elicit weights reflect this:- High weight (3-5 points): Critical admissions that significantly impact the case
- Standard weight (1-2 points): Important facts that build your narrative
- Low weight (0.5-1 point): Background facts that establish context
Elicit Polarity
Elicit weights also indicate polarity—which side the fact helps:
The absolute value determines points awarded. A -3 weight elicit is worth 3 points when successfully established.
Example:
- For a plaintiff’s witness, a +2 elicit helps the plaintiff’s case (active during plaintiff’s direct)
- For a plaintiff’s witness, a -3 elicit hurts the plaintiff’s case (active during defendant’s cross)
How Elicit Matching Works
The system uses semantic matching to determine whether a witness’s answer establishes an elicit. This approach recognizes that testimony rarely mirrors exact target phrasing.Semantic Similarity
Rather than requiring exact matches, the system evaluates meaning:Matching Thresholds
The system applies tiered evaluation:Partial Credit
Some scenarios support partial elicit completion:- If an elicit has multiple components, establishing some components earns proportional credit
- Partial admissions that move toward an elicit without fully establishing it may trigger progress indicators
Viewing Your Progress
The platform provides multiple ways to track elicit progress:Witness Toolbar
The toolbar displays:- Completion percentage: Fraction of elicits established for current witness
- Elicit list: Individual elicits grouped by category with status indicators
- Locked/unlocked badges: Visual markers for established facts
- Phase-based focus: Elicits are visually emphasized based on the current examination phase
Focus Filters
The witness toolbar includes focus filters to help you prioritize:Phase-Based Visual Cues
During examination, elicits are displayed with visual emphasis based on relevance:- Active elicits: Displayed prominently with visible color (green = helps you, red = helps opponent)
- Inactive elicits: Muted/grayed out with a hint showing when they become relevant
- Positive polarity elicits are active (visible, emphasized)
- Negative polarity elicits show “OC’s cross” indicating they’ll be relevant during opposing counsel’s cross-examination
OCA Coverage Tracking
When opposing counsel (OCA) establishes an elicit during their examination:- The elicit displays with a red background and the OCA symbol (π or Δ)
- Points are tracked for both sides
- The toolbar temporarily expands to show newly covered elicits
Score Popups
When you successfully establish an elicit:- A popup appears showing the fact established
- Points are added to your running score
- The elicit badge updates to “unlocked” status
Session Summary
After completing a session:- Full breakdown of elicits by witness
- Comparison of obtained vs. available points
- Identification of missed opportunities
Strategic Considerations
Understanding the elicit system informs examination strategy:Progressive Disclosure
Witnesses rarely admit critical facts immediately. Effective examination often requires:- Foundation questions: Establish context and credibility
- Incremental questions: Build toward the target admission
- Direct questions: Request the specific fact once foundation is laid
- Follow-up questions: Clarify or expand on partial admissions
Question Framing
The same fact can be elicited through different approaches:- Open Question
- Closed Question
- Leading Question
“What happened after you received the document?”Gives witness latitude; may produce rich testimony or evasion
Handling Resistance
When witnesses resist providing information:- Rephrase: Try different question formulations
- Use documents: Reference exhibits to refresh memory or impeach
- Build incrementally: Establish surrounding facts first
- Challenge credibility: If appropriate, question the witness’s accuracy