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:

Component	Description	Example
Name	The witness’s identity	”Dr. Sarah Chen”
Role	Their alignment in the case	Plaintiff, Defendant, or Neutral
Background	Professional and personal context	”Chief Financial Officer at Acme Corp since 2019”
Knowledge Boundaries	What they know and do not know	Aware of quarterly reports; unaware of CEO’s private communications
Demeanor	How they respond to examination	Professional, evasive, hostile, cooperative

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

Asking about matters outside a witness’s knowledge produces responses like “I don’t know” or “I wasn’t involved in that”—not because the AI is being difficult, but because the witness genuinely lacks that information.

Witness Alignment

A witness’s role affects their testimony posture:

Role	During Your Direct	During Cross
Your witness	Generally cooperative	Resistant to harmful admissions
Opposing witness	Resistant, defensive	Cooperative with OCA
Neutral witness	Depends on question framing	Depends on question framing

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

“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

“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

“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:

Property	Description
Label	The fact to be established (what you’re trying to prove)
Weight	Point value reflecting importance and polarity (see below)
Category	Grouping for organization (liability, damages, credibility)
Hint	Optional guidance on how to approach the elicit

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

Your score reflects both the number of elicits obtained and their cumulative weight.

Elicit Polarity

Elicit weights also indicate polarity—which side the fact helps:

Polarity	Weight Sign	Meaning
Positive	+ (e.g., +2)	Supports the witness’s side; benefits you on direct examination
Negative	- (e.g., -3)	Undermines the witness’s side; benefits you on cross-examination

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)

This polarity system helps you understand which facts to prioritize in each examination phase.

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:

Elicit: "Witness admitted the meeting occurred in the morning"

Answer 1: "Yes, the meeting took place around 9 AM"
→ Strong semantic match (90%+) → Elicit established

Answer 2: "We met before lunch, probably mid-morning"
→ Good semantic match (70%+) → Elicit established

Answer 3: "There was a meeting that day"
→ Weak match (30%) → Elicit NOT established (too vague)

Matching Thresholds

The system applies tiered evaluation:

Match Level	Similarity Threshold	Interpretation
Strong	60%+	Direct admission or clear paraphrase
Standard	40%+	Related concept adequately established
Insufficient	Below 40%	Answer too vague or tangential

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: 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:

Filter	Description
All	Shows all elicits for the witness
Elicit	Shows facts that strengthen your case (green indicators)
Counter	Shows facts that weaken the opponent’s case (red indicators)

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

For example, during your direct examination of a friendly witness:

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

Not every elicit can be obtained from every witness. Some facts require examination of multiple witnesses to establish.

Getting Started

Core Concepts

Using CaseSim

Case Management

Witnesses and Elicits

Witnesses and Elicits

Witness Profiles

Profile Components

Knowledge Boundaries

Witness Alignment

Understanding Elicits

What Is an Elicit?

Elicit Properties

Weighted Importance

Elicit Polarity

How Elicit Matching Works

Semantic Similarity

Matching Thresholds

Partial Credit

Viewing Your Progress

Focus Filters

Phase-Based Visual Cues

OCA Coverage Tracking

Score Popups

Session Summary

Strategic Considerations

Progressive Disclosure

Question Framing

Handling Resistance

Getting Started

Core Concepts

Using CaseSim

Case Management

Documentation Index

​Witnesses and Elicits

​Witness Profiles

​Profile Components

​Knowledge Boundaries

​Witness Alignment

​Understanding Elicits

​What Is an Elicit?

​Elicit Properties

​Weighted Importance

​Elicit Polarity

​How Elicit Matching Works

​Semantic Similarity

​Matching Thresholds

​Partial Credit

​Viewing Your Progress

​Witness Toolbar

​Focus Filters

​Phase-Based Visual Cues

​OCA Coverage Tracking

​Score Popups

​Session Summary

​Strategic Considerations

​Progressive Disclosure

​Question Framing

​Handling Resistance

Witnesses and Elicits

Witness Profiles

Profile Components

Knowledge Boundaries

Witness Alignment

Understanding Elicits

What Is an Elicit?

Elicit Properties

Weighted Importance

Elicit Polarity

How Elicit Matching Works

Semantic Similarity

Matching Thresholds

Partial Credit

Viewing Your Progress

Witness Toolbar

Focus Filters

Phase-Based Visual Cues

OCA Coverage Tracking

Score Popups

Session Summary

Strategic Considerations

Progressive Disclosure

Question Framing

Handling Resistance