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The order of presentation in trials: Plaintive plaintiffs

D'Agostino, Elena; Seidmann, Daniel J.


Elena D'Agostino


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.


D'Agostino, E., & Seidmann, D. J. (2022). The order of presentation in trials: Plaintive plaintiffs. Games and Economic Behavior, 132, 328-336.

Journal Article Type Article
Acceptance Date Jan 12, 2022
Online Publication Date Jan 25, 2022
Publication Date Mar 1, 2022
Deposit Date Apr 12, 2022
Publicly Available Date Jan 26, 2024
Journal Games and Economic Behavior
Print ISSN 0899-8256
Electronic ISSN 1090-2473
Publisher Elsevier
Peer Reviewed Peer Reviewed
Volume 132
Pages 328-336
Keywords Economics and Econometrics; Finance
Public URL
Publisher URL


This file is under embargo until Jan 26, 2024 due to copyright restrictions.

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