Exam 9: Conducting an Investigation

Under what circumstances is it alright for a paralegal to try to have a witness change his or her version of an occurrence?

During an interview, an investigator may need to provide a witness with an overview of the known facts in the case.

There may be instances when an investigator may choose not to identify the client for whom the investigation is being conducted.

What tactic might an investigator need to apply in a final effort to obtain the cooperation of a witness in providing a signed statement?

A paralegal's memorandum of the interview of a witness does not have to be disclosed to the opposing side because it is part of the attorney's .

A witness may use his or her statement to refresh his or her own recollection when preparing for trial.

As a general rule, lawyers and investigators want only recorded statements from witnesses if the statements are favorable.

The judge allow a jury to take illustrative exhibits to the jury room to examine and consider during its deliberations.

A statement not made under oath cannot be used to impeach the witness if the witness changes his or her version of the facts.

Rule 26(b)(3) requires a party to give a witness a copy of his or her statement:

You should begin pointing out mistakes, inconsistencies, and "holes" in the client's version of the facts as soon as you suspect them.

DEFINE -memorandum of interview

What advantage does a tape-recorded witness statement have over a hand- written, signed witness statement?

While a paralegal may inform the witness that the witness's recollections do not agree with the physical facts, a paralegal cannot try to get the witness to change his or her version by reasoning with the witness and showing the witness the essential factors that indicate the witness is mistaken.

How can the investigator and witness provide some evidence that the witness has read and corrected mistakes in a written statement and, thereby, show that the final product is true and correct and was specifically approved by the witness?

List five considerations for preparing an investigation plan.

An uncooperative witness may be for a deposition.

Why should a paralegal prepare an investigation plan before undertaking the investigation?

DEFINE -leading question

What must a photograph show to be evidence of a fact?