Litigation & Appeals

The Memory-Challenged Witness: Tailored Direct and Cross-Examination Techniques

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1 Total
Alabama CLE Approved 1 Total
Arkansas CLE Approved 1 Total
Arizona CLE Approved 1 Total
California CLE Approved 1 Total
Colorado CLE Approved 1 Total
Connecticut CLE Approved 1 Total
Delaware CLE Approved 1 Total
Florida CLE Approved 1 Total
Georgia CLE Approved 1 Total
Hawaii CLE Approved 1 Total
Iowa CLE Approved 1 Total
Idaho CLE Upon Request 1 Total
Illinois CLE Approved 1 Total
Indiana CLE Approved 1 Total
Kansas CLE Approved 1 Total
Kentucky CLE Approved 1 Total
Louisiana CLE Upon Request 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Mississippi CLE Approved 1 Total
Montana CLE Approved 1 Total
North Carolina CLE Approved 1 Total
North Dakota CLE Upon Request 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Jersey CLE Approved 1.2 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Ohio CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Rhode Island CLE Upon Request 1 Total
South Carolina CLE Approved 1 Total
Tennessee CLE Approved 1 Total
Texas CLE Approved 1 Total
Utah CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total
Wyoming CLE Upon Request 1 Total
OnDemand
56 minutes
David Potteiger
With David M. Potteiger from Walcheske & Luzi, LLC
Recorded September 10, 2025
Product ID 100713

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Overview

Tactics for Handling Memory Distortions, Cognitive Impairments, and Deliberately Evasive Witnesses

Is the witness's memory genuinely impaired, or are they strategically avoiding the truth? How can you tailor your direct examination to address memory issues while explaining gaps in a way that is both persuasive and credible to the jury? Join experienced trial attorney faculty for a focused session offering concrete techniques for questioning witnesses with memory challenges. Sharpen your courtroom edge - register today!

  • Understand the science behind how memory can be distorted or altered.
  • Discover the most effective ways to phrase questions and help witnesses recall information.
  • Gain practical techniques for cross-examining the memory-challenged witness.

Abbreviated Agenda

  1. Memory Distortions and Cognitive Impairments: What to Know
  2. Tailored Direct Examination Strategies
    1. To Call or Not to Call on the Memory-Challenged Witness?
    2. Witness Preparation Tips
    3. Structuring Questions in a Way That Accommodates Memory Issues
    4. Using Exhibits or Notes to Refresh Memory
    5. Acknowledging and Explaining Gaps in Memory to Judge and Jury
  3. Cross-Examining the Memory-Challenged Witness
    1. Preparing for Cross-Examination
    2. Questioning Techniques and Tactfully Introducing Evidence of Contradictions
    3. Effective Questions to Reveal if the Witness' Memory Has Been Influenced or Distorted
  4. Tips for Identifying and Dealing With the Deliberately Evasive Witness
Product ID 100713

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1 Total
Alabama CLE Approved 1 Total
Arkansas CLE Approved 1 Total
Arizona CLE Approved 1 Total
California CLE Approved 1 Total
Colorado CLE Approved 1 Total
Connecticut CLE Approved 1 Total
Delaware CLE Approved 1 Total
Florida CLE Approved 1 Total
Georgia CLE Approved 1 Total
Hawaii CLE Approved 1 Total
Iowa CLE Approved 1 Total
Idaho CLE Upon Request 1 Total
Illinois CLE Approved 1 Total
Indiana CLE Approved 1 Total
Kansas CLE Approved 1 Total
Kentucky CLE Approved 1 Total
Louisiana CLE Upon Request 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Mississippi CLE Approved 1 Total
Montana CLE Approved 1 Total
North Carolina CLE Approved 1 Total
North Dakota CLE Upon Request 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Jersey CLE Approved 1.2 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Ohio CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Rhode Island CLE Upon Request 1 Total
South Carolina CLE Approved 1 Total
Tennessee CLE Approved 1 Total
Texas CLE Approved 1 Total
Utah CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total
Wyoming CLE Upon Request 1 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. The Memory-Challenged Witness: Tailored Direct and Cross-Examination Techniques

    1. Memory Distortions and Cognitive Impairments: What to Know
    2. Tailored Direct Examination Strategies
      1. To Call or Not to Call on the Memory-Challenged Witness?
      2. Witness Preparation Tips
      3. Structuring Questions in a Way That Accommodates Memory Issues
      4. Using Exhibits or Notes to Refresh Memory
      5. Acknowledging and Explaining Gaps in Memory to Judge and Jury
    3. Cross-Examining the Memory-Challenged Witness
      1. Preparing for Cross-Examination
      2. Questioning Techniques and Tactfully Introducing Evidence of Contradictions
      3. Effective Questions to Reveal if the Witness' Memory Has Been Influenced or Distorted
    4. Tips for Identifying and Dealing With the Deliberately Evasive Witness

Who Should Attend

This program is designed for trial attorneys.

Speakers

David M Potteiger
David M.
Potteiger
Walcheske & Luzi, LLC
Speaker bio
David M Potteiger

David M. Potteiger

Walcheske & Luzi, LLC
David Potteiger

is a partner in the law firm of Walcheske & Luzi, LLC. Practicing since 2007, he has built his reputation as an impassioned and zealous advocate, which he displays in both his trial and appellate practice. Mr. Potteiger is a frequent author and speaker on litigation topics. He earned his B.A. degree from the University of Wisconsin-Milwaukee and his J.D. degree from Golden Gate University School of Law.

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