Domestic Diversions

Vividness

Use details to support your theme and theory, including the important facts that are in dispute, the motivations of parties and witnesses, and the meaning of contested evidence.

Lubet, supra, at 326, 421, explains:
“. . . [D]etails add credibility.
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“. . . [P]ersuasion often rests on the accumulation of supportive details. An essential aspect of final argument is the marshalling of details that give weight to counsel’s argument.
The inclusion or exclusion of details is a tricky problem. While the right details at the right time can add an airtight quality to your case, the use of too many details (or their use in support of unimportant propositions) can drag a final argument into the depths of boredom and despair.”

McElhaney, supra, at 186, focuses on visualization:
“Use pictures. Both word pictures and real pictures help create understanding. People believe in what they can visualize. Think of the whole case as a series of snapshots–groups of facts that fit comfortably together. Then arrange those snapshots so they tell the story.”

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