Overview
In examination, a contradiction is most useful while the witness is still on the topic. Live Testimony Analysis tests each answer given in a deposition or hearing against the full record as it is given, and presents any document that contradicts it, so examining counsel can put the document to the witness before the moment passes.
Before the session, it assembles a file of the documents the witness wrote, received or is named in. After it, the transcript joins the record, and the testimony is tested against everything else in the chronology and the discrepancy report.
Where it is used
Depositions
Contradicting documents presented to examining counsel as the witness answers.
Hearings and trial
The full record available to counsel during cross-examination.
Witness preparation
A file of each witness’s documents and the topics they bear on, before the session.
After the session
Admissions and inconsistencies in the transcript carried into the analysis of the case.
In practice
The examination as it appears in the workspace.
The live feed
Two answers the record contradicts, the objection between them, and a near match held back rather than put to counsel.
One flag, opened
“I did not have that conversation with Brantley Rowe.”
Marcus Ostrow · Vice President Operations, Atlas Curtainwall Systems Inc.
Email, Atlas to the Architect, revised product data sheet
“From: M. Ostrow. To: P. Raman, Brantley Rowe. Cc: D. Ferrara, Kelmar. Attachment: CV-4000_PE_datasheet_revC.pdf”
17 June 2021
The witness’s answer and the email that contradicts it, ready to be put to the witness.
How it works
The record is analysed before the session begins, so each answer is checked against what is already known rather than searched afresh. Only conflicts the record supports are raised, and a near match is held back rather than put to counsel mid-examination. Transcripts are held by page and line, with each answer attributed to the witness who gave it.