Today, few large tracts of undisturbed woodlands remain in the East Cross Timbers which is perhaps the most fragmented vegetative region in Texas. This strategy of beating them to the punch, so to speak, will not only catch opposing counsel by surprise and weaken their strategy on cross, but will also demonstrate that you and your expert have explored any potential problems in the testimony and have addressed them to the court vis--vis a proper counter argument or explanation. Brainstorm with your expert better ways to present this information that will keep the judge interested in your experts testimony. Current Projects. Discuss tips with your expert, if appropriate, on how to rephrase some technical explanations and make them easier to understand. You can continue to count on us to do our best to serve you with the highest levels of service and support for all of your court reporting needs, whether you choose to continue remotely or move back to in-person across the country. [8] Among the few major roads that cross the Limestone Cut Plains are US 281 north to south and US 84 east to west. Remind your expert of the role that he plays during direct examination and the litigation generally. Elicit all the experts opinions and bases of opinions. Nearly all surface rocks of the North Central Texas were deposited during the Cretaceous Period (145-65 millions years ago). [2] The area has also been an important site of oil extraction for over 80 years. The choice of a lawyer is an important decision & should not be based solely upon advertisements. [2] The main highways that cross the region are I-35 and I-35W going north to south (although they tend to skirt the Cross Timbers' eastern fringe south of Fort Worth) and I-40 going east to west. 4 Y`c<6 #(@N1r 7maaX#vA Among the Pennsylvanian outcrops occur scattered exposures of hard limestones; without exception, such exposures are characterized by a typical savanna landscape, comprising scattered mesquite shrubs underlain by a floor of sod-forming short grasses. |-!U`&w. Kjj(-(pJ|wRrAG NA{A$3HL1Q8%_ [14], In the mid-to-late 19th century, Comanche Indians occupied this area, and it became a flash point for conflict between various groups of white settlers, the Comanche, and the U.S. Cavalry; Forts Belknap and Richardson were built in the area to protect this part of the frontier.[15]. If the expert refuses to answer a question, establish that on the record to set up a potential motion to strike the expert as a witness. Do not let an expert push you around. Content of this site copyright Texas Parks and Wildlife Department unless otherwise noted. Robert Neighbors and Rip Ford reached the "Cross Timbers, two parallel strips of timber region that ran down the middle of Texas", in 1849 while blazing an emigrant trail from Austin to El Paso. Preparation includes distilling the key points and determining how to convey them. The altitude of the belt is slightly higher than that of the surrounding prairies. Direct link to 4035995's post Which one is more comman, Posted 5 months ago. 7300 Jack Newell Blvd. Your conduct should always remain respectful. H@O@WF A This way, your witness does not call out uncertain answers based on a pressure to perform. Avoiding repetition prevents the expert from fixing an answer that he has previously given and would like an opportunity to correct. Fjarrgljfur looks like a really cool place to go camping. Talk with your witness, if truthful and appropriate, about avoiding absolutes. This means making statements like in all cases or every time. This way, the witness does not close to the door to a certain line of questioning and open himself up to impeachment later. With an overly detailed outline, you are more likely to stick to it in the deposition than to listen to the answers and be able to follow up with some flexibility. After the introduction of domestic livestock, farming operations, and control of wildfires, the landscape of much of the Lampasas Cut Plain changed. The region features a limestone substrate as opposed to sandstone, and has greater topographical relief and denser and different vegetation than other parts of the Cross Timbers. About 17 million acres are represented by this region of alternating bands of wooded habitat scattered throughout a mostly prairie region. 26 Downer Avenue Campbelltown SA 5074; Overgrazing by livestock and elimination of naturally occurring fire also reduced native grass cover and allowed the invasion of other less desirable annual grasses and forbs. The company plans to . Test areas as to which the expert might support your case. What does matter is getting the witnesss own words in writing into evidence before the judge. More likely, confronted with the e-mails memorializing of the witnesss contemporaneous statement, the witness is bludgeoned into an admission of yes. This change in plant life on the landscape, however, has increased habitat for a number of wildlife species and can be viewed as a positive result of historical land use in the Lampasas Cut Plain. Direct link to salli's post "Acid rain is caused by t, Posted 7 months ago. Here is a typical exchange of effective use of e-mails in cross-examination: Q: Is this an e-mail that you sent on September 2, 2007? Washington Irving, in 1835, described it as "like struggling through forests of cast iron. [2] Although local relief is relatively low, it is generally greater than that in the surrounding ecoregions, although this is not the case with the Flint Hills in Kansas.[4]. Cross Timbers, Stiff (Dyksterhuis 1948) who approached the Cross Timbers of Texas from the western prairies stated, "In turning to the northeast, something much resembling an irregular cloud is dimly seen. Direct link to evanlin0312's post water can melt/dissolve/b, Posted 6 months ago. Most of the timber appears to be kept small by the continual inroads of the "burning prairies;" for, being killed almost annually, it is constantly replaced by scions of undergrowth; so that it becomes more and more dense every reproduction. Parker Square on Main is 0.9 miles away, and Cross Timbers Court is within a 16 minutes walk. Crow Holdings has submitted to the town of Flower Mound a site plan proposal for the Cross Timbers Business Park, a 10-building warehouse park in the northwest corner of FM 1171 and Hwy 377. Schedule your Cross Timbers deposition today! In Texas, this area includes the towns of Weatherford and Mineral Wells; Stephenville lies on the eastern fringe, while Brownwood is on the western edge. This happens through weathering, erosion, and deposition. This page was last edited on 17 February 2023, at 08:53. hb```e``c`230 P9CLlll?9qZHx*"9p1qrxqmG\B/_8:x89vsp\==c/vq\\wUz2Ev={mnmwoIxv;D@YY .l @dp&0f X;"@ Fragmentation of wildlife habitat is also rapidly increasing in the eastern counties of the West Cross Timbers where larger land holdings are being subdivided and sold as small home building site, farms and ranchettes. Do not let the expert move from a topic if you think it has not been sufficiently addressed. Your questioning style may be open-ended like a direct examination, narrow and controlling like a cross-examination, or a combination of the two. Habitat for white-tailed deer, Rio Grande turkey, bobwhite quail, mourning doves, fox squirrels, rabbits and a variety of nongame wildlife species is found here. This region was called the Upper Timbers by early travelers due to its higher elevation. The greater the familiarity, the greater the acceptance. (Diggs et. Cross Timbers. Every dollar helps. Asking a question more than once is frequently the mistake that destroys much of the impact of the experts first great answer, before he had the opportunity to consider how to better position that answer. It can be further subdivided into four ecological or vegetative sub-regions: East Cross Timbers, Fort Worth Prairie, Lampasas Cut Plain, and West Cross Timbers. Many woodland areas in this region have been cleared for tame-grass pastures, croplands, horse and cattle ranches, and urban and rural developments, including portions of the cities of Denton, Dallas, Fort Worth, and other expanding inter-city and rural communities. Login (855) 847-0999 calendar@huseby.com You get the resources of a large divorce and family law firm AND the attentive service of a local attorney. If you're behind a web filter, please make sure that the domains *.kastatic.org and *.kasandbox.org are unblocked. Cross Timbers Royalty Trust (CRT) is a micro-cap, and a tiny one at thatit has a market capitalization of just $145 million. The best way to prepare your expert for facing difficult questions on cross is to practice them with your experts, if appropriate. For example, expert witnesses in the medical field have a tendency of using technical terms such as radial, distal and proximal, which may be difficult to understand. By reading the statement into the record, you are driving home its content in a far more effective way than by just authenticating the document. S. Fort Worth, Texas 76118. Remind your expert not to get defensive if they feel attacked by a line of questioning. And not using every single question seems to leave some of your great ideas at home. Sometimes experts are advocates for the parties that have retained them. deposition, such as using exhibits and cross-examination. Accordingly, use your documents to weave your testimony on cross-examination. Part of the difference in the Cross Timbers region and the surrounding regions west (drier) and east (wetter) has to do with the dry line which separates humid air from the Gulf of Mexico from the dry air of the Llano Estacado, the Texas Panhandle, and the High Plains. Every penny counts! Features of the Fort Worth Prairie extend into the West Cross Timbers along the eastern boundary, forming irregular ecotones of diverse tree and brush species common to both zones. If you find yourself getting upset or emotional, it probably means that you know you are losing the debate, and it may mean it is time to think about stopping. The timber prevents rain water from immediately running off the surface and causes much of it to soak into sand that supplies artesian water for hundreds of wells to the east and south of the Cross Timbers. 200 - 300 year old Post Oaks can be found at: . This zone also includes portion of Archer, Clay, Wise, Young, Throckmorton, Shackelford, Jack, Tarrant, Parker, Palo Pinto, Stephens, Callahan, Eastland, Erath, Hood, Somervell, Johnson, Hamilton, Comanche, Mills and Brown counties. The terrain in most of this sub-region is very hilly, with sandstone and limestone escarpments, steep slopes, and irregular surface features. The term Cross Timbers, also known as Ecoregion 29, Central Oklahoma/Texas Plains, is used to describe a strip of land in the United States that runs from southeastern Kansas across Central Oklahoma to Central Texas. ", Marcy (1866) stated of the Cross Timbers, "At six different points where I have passed through it (Cross Timbers), I have found it characterized by the same peculiarities; the trees, consisting principally of post-oak and blackjack, standing at such intervals that wagons can with out difficulty pass between them in any direction. 2261 0 obj <> endobj If you are using documents, consider marking up the documents or drafting your questions on the documents, this can allow you to do follow-up questioning for each document as you go through the deposition. Witnesses do not talk to each other anymore. Topographic types in the region vary with the major geologic formations that outcrop in the area. [3] The western suburbs of the Tulsa metropolitan area and the northeastern suburbs of the Oklahoma City metropolitan area also lie within this area. Crow Holdings' site plan proposal for the Cross Timbers Business Park, a 10-building warehouse park in the northwest corner of FM 1171 and Hwy 377. Warren E. Platt, Cross Examination of Experts: How to Avoid Hurting You Case, Product Liability Update, (August 26, 2013), http://www.swlaw.com/blog/product-liability-update/2013/08/26/cross-examination-of-experts-how-to-avoid-hurting-your-case/. All rights reserved. If not, consider whether that question should be dropped or recast. Soils at the surface, consequently, support the growth of plants adapted to higher alkalinity, such as live oak and juniper. Direct link to pbro7467's post How acidic is Acid Rain a, Posted 3 months ago. People spontaneously write e-mails without hesitation and, more importantly, without reflection or thinking. We are a community-supported, non-profit organization and we humbly ask for your support because the careful and accurate recording of our history has never been more important. Cross examining a witness who refuses to be led can be a difficult task. Portions of the Trinity sands area are now important in peanut culture as well as for the growing of small fruits. The trees served as a testament to the harshness of the environment. If you are careful about not opening up subjects that you know are likely troublesome, you may be able to prevent questions on those subjects during re-direct. When examining this type of witness, it is particularly important to ask short, concise questions that are statements of fact. Good experts have probably spent several times as many hours on cross in a courtroom as you have. "[17] Josiah Gregg described the Cross Timbers in 1845 as varying in width from five to thirty miles and attributed their denseness to the continual burning of the prairies.[18]. %%EOF The Pennsylvanian outcrops form a plateau dissected by the channels of major streams that have been cut considerably below the surface level. If the last area of questioning finishes off the experts credibility, you have one. If the ending is flat, or the expert scores some big points, it is likely that the judge will conclude that the expert won the battle. The presettlement Cross Timbers are believed to have covered approximately 28,000 square miles (7,250,000 hectares), extending from central Texas across . Not only can we staff your deposition with a skilled court reporter, videographer and interpreter, Discovery Litigation Services will go above and beyond to fulfill your needs. You may learn the expert considers your experts work to be authoritative, or that the expert considers a treatise in which your expert is published to be authoritative. You may need to object and then move to strike portions of the experts answer. The point is that you must have an outline and a strategy for your deposition of an expert. In 1854, W. B. Parker who traveled with a survey party of the United States Government to locate and survey lands for Indian reservations in north Texas noted, "The timber is a short, stunted oak, not growing in a continuous forest, but interspersed with open glades, plateaus, and vistas of prairie scenery, which give a very picturesque and pleasing variety:" On crossing the Upper (Western) Cross Timbers west of present day Gainesville in Cooke County, Parker stated, "Below, stretching as far as the eye could reach, lay the apparently interminable forest of the Cross Timbers, like a barrier, on passing which we were to be shut out from civilization, its joys and cares, for many, many weeks.". Login (855) 847-0999 calendar@huseby.com endstream endobj 2266 0 obj <>stream The Ellsworth expedition, accompanied by Washington Irving, entered the cross timbers in 1832; later he wrote, " It was like struggling through forests of cast iron." Cross Timbers stock has a high dividend yield of 8.8%. Usually, it will take several narrative answers before you can expect the judge to step in and instruct the expert to respond, but asking for the judges help (if you get it) sends a powerful message that the expert is trying to be evasive. We have the experience to deliver. The Western Cross Timbers country presents a landscape unexpected in West Texas. Signup today for our free newsletter, Especially Texan. The Western (or Upper) Cross Timbers comprises an irregularly bounded wooded region in north central Texas, extending in a generally southward direction through Montague, Wise, Jack, Parker, Hood, Erath, and Comanche counties. In May of 1854, J. Pope's report on the exploration of the region for a route for the Pacific Railroad stated ".but by far the richest and most beautiful district of country I have ever seen, in Texas or elsewhere, is that watered by the Trinity and its tributaries. White-tailed deer numbers exist at or substantially above habitat potential (the ability of native habitat to support deer without sustaining long-term degradation or loss of plant species) in much of this sub-region. First, do not argue with the witness. The rich loam soils now support agricultural croplands that produce cotton, corn, oats, wheat, sorghum, milo, and other crops. Remind your witness that I dont know is a perfectly acceptable answer, as long as that is the truth. Home; Projects. This is significant, since bias is a valid grounds for disqualifying an expert witness. Direct link to lol.lamo.hi.bye's post Rocks are left out in the, Posted 21 days ago. The region from one river to the other, is no less bountifully supplied with buffalo, bear, deer, antelope, wild boars, partridges, and turkeys. Judges will retain information better when they interact with that information. By getting your deposition on calendar now, our Schedulers and Case Managers can work closely with you to adjust or change your attendance options as needed. The pH of acid-impacted rain is generally below 4.5 on the pH scale. Don, Penny and the staff are awesome ate what they do. Discovery Litigation will cover your Cross Timbers deposition. Even if you do nothing else while deposing an expert witness, at least make sure you confirm that the expert has told you all his or her opinions about the case. Q: And that was the concern you wrote about in your e-mail, was it not, sir? In 1772, De Mezieres (Dyksterhuis 1948) stated that from the Brazos River north "one sees on the right a forest (East Cross Timbers) that the native appropriately call the Grand ForestSince it contains some large hills, and because of the great quantity of oaks, walnuts, and other large trees, it is a place difficult to crossOn the farther edge of this range, or forest, one crosses plains having plentiful pasturage;" and in 1778 "I crossed the Colorado and Brazos, where there arean incredible number of Castilian cattle, and herds of mustangs that never leave the banks of these streams. Lastly, your plan for the experts deposition may include hypothetical questions, containing facts and assumptions which you can prove at trial, that will undermine the experts opinions and ultimately win your case. Anderson, Roger C., James S Fralish, Jerry M. Baskin (eds.). What Are the Benefits of Having an Estate Plan? *0K7N(s[_/YS!Y ~ZlAiwcxPfyU+u 9pp`9mIyve~6?scv;CP'uS5R,w+cZ}\&Jt"Z5oH]o>%sV\!bEDd.c7|J}4$/ka' W\0Occ= Ford, J.S., 1963, Rip Ford's Texas. The minute you are arguing with the witness, you are not going to win. Q: You knew there had been a delay in the manufacturing process, didnt you? If you can do it at trial, you can do it at a deposition, and a lot more. This is one of the only chances opposing counsel will have to directly poke holes in your case by attacking the credibility of your experts testimony. What to do when a Witness is Being Evasive of Defiant. If the experts answers appear to defeat the credibility challenge posed by your questions, then you have lost and the expert has won. hVmoH+tw Copyright 2012 - 2023 Huseby, LLC. Q: When you wrote in that e-mail you were concerned about meeting the production deadline under the contract, that was a true statement when you wrote it, was it not? For example, if you know that a witness will not be available at trial and the deposition is being videotaped, you may want to treat the deposition as a cross-examination. Ecoregion 5 - The Cross Timbers and Prairies. Review your understanding of weathering and erosion in this free article aligned to NGSS standards. The most knowledgeable expert in the world will do little to help your case if the judge is asleep. Short grasses occur over much of the area in localities where the woodland growth is sparse. endstream endobj startxref Mechanical weathering is the creation of sediment through physical means. The Cross-Timbers region of the United States, situated in the southern Great Plains along the western edge of the eastern deciduous forest, was historically Quercus-dominated open forest interspersed with tallgrass prairie and shrubs communities. Maintaining a resolve and not being overcome by emotions or getting flustered under pressure is the most important part of an experts mindset when on the stand. About CRT. West Cross Timbers - In Northcentral Texas, the West Cross Timbers vegetative sub-region, located immediately west of the Fort Worth Prairie and north of the Lampasas Cut Plain, extends from the Red River in Montague and Cooke counties south and southwestward to the Lampasas Cut Plain and west to the Rolling Plains. The location of the East and West Cross Timbers was well known by these early travelers who used them as points of reference for travel. He lied when he wrote it? You may be able to find information in the treatise or from one of the authors that contradicts the experts opinions. If you are not ready to return to in-person depositions, you can continue to use alternative ways to remotely attend depositions and access case files effectively. Both ecoregions receive similar amounts of precipitation (20-30 inches), but differ slightly in topography, soil, and elevation. Kara M. Burgos, Andrew B Hebl, & Eric J. Ryberg, 101: Deposition Techniques: Get Your Ducks in a Row, Wisconsin Lawyer, (September 1, 2013), http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=86&Issue=7&ArticleID=11015/. You must elicit that information so, among other things, your own expert will be able to identify points of criticism or disagreement. Mark A. Neubauer, Mastering the Blind Cross-Examination, ABA Litigation, Volume 35, Number 2, (Winter 2009), https://apps.americanbar.org/litigation/litigationnews/trial_skills/tips-blind-cross-examination.html/. In most jurisdictions, re-direct is limited to matters that were covered on cross. This sub-region has a complex geologic history, resulting in a variety of soil types, terrain features, and vegetative plant communities. The average width of the Eastern Cross Timbers does not exceed fifteen miles, and its features disappear near the Brazos at Waco.
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