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2024 Annual Conference - Santa Fe New Mexico - 08/01/2024 to 08/03/2024

Presenting Your Case In A Bench Trial: Lessons from the Perspective of the Trier of Fact

General Session


Sarah B Wallace


Billy-George Hertzke

Many attorneys mistakenly approach a bench trial like a jury trial. But successful attorneys know that a bench trial must be prepared for and presented very differently than a jury trial. In November 2023, Denver District Court Judge Sarah B. Wallace presided over the most watched and consequential bench trial in Colorado history – Anderson, et al. v. Griswold, et al. (a/k/a the case to keep former President Donald J. Trump off the Colorado primary ballot). Judge Wallace will provide tips and tactics, as well as some cautionary tales, to help you persuade the court at your next bench trial. Topics will include pre-trial briefing, tailoring your opening statement and closing argument, evidence and objections, and what not to do in a bench trial that you might normally do in a jury trial.

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