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The order of presentation in trials: Plaintive plaintiffs

Elena D'Agostino and Daniel Seidmann

Games and Economic Behavior, 2022, vol. 132, issue C, 328-336

Abstract: Is it better to present evidence first or second in trials if witnesses cannot lie, and the litigants share all available witnesses? We address this question by defining preferences over playing games via their equilibrium correspondences. Exploiting this partial ordering over games, we show that litigants cannot prefer to lead, but can prefer to follow; the judge/jury may also prefer some litigant to lead, but only if the litigants each prefer to follow. Allowing a litigant to choose whether to lead after observing the available witnesses does not benefit either that litigant or the judge/jury.

Keywords: Order of presentation; Evidence; Trials (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:eee:gamebe:v:132:y:2022:i:c:p:328-336

DOI: 10.1016/j.geb.2022.01.009

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