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- Although Hollywood would have us believe that a cross-examination is a dramatic battle between a lawyer and a witness, the truth is that a cross-examination is really an opportunity to build your client’s case with the “help” of an opposing witness. But the unpredictability of that opposing witness can sink a cross-examination.
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Jan 31, 2023 · Although Hollywood would have us believe that a cross-examination is a dramatic battle between a lawyer and a witness, the truth is that a cross-examination is really an opportunity to build your client’s case with the “help” of an opposing witness. But the unpredictability of that opposing witness can sink a cross-examination.
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.
- Establish your goals for each witness. Mock trial teaches us to cross-examine every witness brought to the stand. However, before you cross-examine a witness in a real trial, it is crucial to establish your goals for each witness.
- There is a difference between getting a witness to admit something and you proving it. You need to internally accept that there is a distinction between getting a witness to admit something and you proving it.
- Be strategic when choosing your strategy. You must be strategic with your cross-examination. And you can achieve this by choosing one of the three strategies discussed below.
- Ask leading questions. During cross-examination, all your questions need to be leading questions, such as “It was a sunny afternoon, correct?” Leading questions press witnesses on the path you want them to go while limiting their ability to derail the flow of the conversation.
May 22, 2024 · The witness had testified on direct examination for more than an hour, and there were several apparent inconsistencies that counsel could have underscored on cross-examination. Instead, by sticking to her own themes, and establishing that the witness had no personal familiarity with the central facts associated with those themes, counsel ...
Oct 1, 2014 · Cross-examination, on the other hand, is where you limit damage by pinning the witness down with very specific questions—and by knowing when to stop asking questions for the sake of your case. Direct Examination.
Jun 1, 2022 · June 01, 2022 at 07:30 AM. 6 minute read. Ross Todd. Editor/columnist. Judge Amy Hanley says the goal of cross-examination is to maintain control of the witness and as the examining...
Cross-examination gives the opposing party an opportunity to point out the weaknesses of a witness’s testimony, like holes in their story or a lack of credibility. However, the attorney conducting the cross-examination may not ask questions outside of scope of the direct examination.
