Which of the following best describes the questions to ask when determining evidence strategy?

• A. All of the above
• B. What evidence do we have?
• C. What evidence should be presented and how?
• D. How will we elicit the witness to say what we need them to say?

Answer: (A)

When shaping evidence strategy, you take a full view of the landscape: what evidence you already have, what should be presented and in what form, and how you will elicit testimony from witnesses to obtain the needed information. Knowing what evidence exists helps you judge its relevance, reliability, and admissibility and shows what can support your case. Deciding what to present and how to present it—whether through documents, exhibits, or live testimony, and in what sequence—crafts a clear, persuasive narrative for the decision-maker. Finally, planning how you will elicit the witness's testimony—designing the questions and examination approach—ensures you obtain accurate, complete information while staying within ethical and evidentiary rules. These three aspects are interdependent and together form a comprehensive approach to evidence strategy, so all of these questions should be considered.