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cross-examine. verb [ T ] us / ˌkrɑːs.ɪɡˈzæm.ɪn / uk / ˌkrɒs.ɪɡˈzæm.ɪn / (also cross-question) Add to word list. Add to word list. to ask detailed questions of someone, especially a witness in a trial, in order to discover if they have been telling the truth. SMART Vocabulary: related words and phrases.
- Top 10 Tips on Cross Examination
- Tip 1: Preparation Is Key - Create Lists For Each Witness
- Tip 2: Lay The Foundation First When Impeaching A Dishonest Witness
- Tip 3: Eye Contact Is Important
- Tip 4: Learn to Ask Leading Questions
- Tip 5: Establish Rules Your Opponent Can’T Argue
- Tip 6: Resist The Urge to Attack on Cross-Examination
- Tip 7: Reveal Bias & Prejudice
- Tip 8: Lay The Groundwork in Opening Statement
- Tip 9: Restrict The Witness to One Subject
In the words of famous law professorJohn Henry Wigmore (1863-1934),cross-examinationis “beyond any doubt the greatest legal engine ever invented for the discovery of truth.” Unfortunately, what you learned in law school and most CLEs won't help you much because much of what is taught about cross examination is long outdated, ineffective and potenti...
Starting with the most basic principles of trial, former President of theInner Circle of Advocates,Rick Friedman reminds us in his book,The Elements of Trial, that “the key to good cross-examination is preparation." The nation’s most influential trial consultant,David Ball recommendsThe Elements of Trial as a must-read for new lawyers because it pr...
An important part of becoming great at cross examination is distinguishing an important but outdated legal treatise on cross examination, from one that works most effectively today. Law schools, and many of the advocacy texts still used in law school based upon outdated methods, often do not help you distinguish between the two. The Art of Cross Ex...
Many older lawyers are also familiar with Irving Younger’s “Ten Commandments of Cross-Examination” as it is often considered standard (albeit again largely outdated) advice on the topic. Roger Dodd opines in his commentary in Chapter 18 ofThe Art of Cross Examination, “Golden Rules for the Examination of Witnesses,” thatFrances Wellmaninfluenced Yo...
While leading questions are not allowed during direct examination, you are expected to ask leading questions on cross-examination. Learning to lead is important in order to best advocate for your client during cross-examination. In Trying Cases to Win, by Herbert J. Stern and Stephen A. Saltzburg, the authors instruct that instead of asking open en...
Who better to show us how to elicit favorable facts from a witness, than an award-winning investigative journalist turned leading plaintiff attorney Patrick Malone. Malone, alongside Rick Friedman, co-authored the book most civil lawyers have on their shelf already,Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability. The tried and tr...
For those with less trial experience, this tip might seem very odd. For most lawyers cross examination is the "sexiest" part of the trial because you get to attack the other side's case through their witnesses. This is part of why CLEs on cross examination sell out, while education on direct examination is seldom of interest. If you want to fully u...
Next to Rules of the Road, you’ll find Rick Friedman’s, Polarizing the Caseon the bookshelves of most experienced trial lawyers in the United States. Cross examination examples and techniques are some of the many valuable lessons found in the book. One of the best examples of questions to ask on cross examination offered by Friedman in the book, is...
There may not be a special formula for winning trials, but many would argue that Rick Friedman’s book, Polarizing the Case, outlines a tried and true technique that will certainly help win civil plaintiff’s personal injury cases, and will set you up for a beautiful cross-examination of a defense IME doctor. In the book, Rick offers some of his grea...
In his latest, cutting-edge book on the art of cross examination,Dynamic Cross Examination, Jim McComas says we can (and should) use leading questions to identify and limit the relevant area of questions and answers at the beginning of any section ofcross-examination, or at any other point during our questioning of a witness. McComas says to rely o...
Steps in a Trial. Cross-Examination. When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during ...
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Feb 28, 2011 · The continuing popularity of social networking sites such as MySpace, Facebook, and Twitter, along with search engine sites and YouTube, are having a tremendous impact at trial.Prior to the electronic age, trial lawyers had to search for days just to come up with one piece of damning evidence against an opposing witness.
Voice, inflection, tone, demeanor, and movement must all be planned with a purpose. During cross-examination, you must stand a little taller and have a firmer voice. You must get from behind the wood. Try to get from behind the podium or table so there are no barriers between you, the witness, and the jurors.
Evidence. In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan) and may be followed by a redirect (known as re-examination in the aforementioned countries).
