At the end of the course, you should be able to perform the following with regards to the cross examination of witnesses:



1.         ORGANIZE the cross examination in a persuasive and logical way, usually by:


·                    Arranging the cross examination around the points being made


·                    Gaining any admissions from the witness before attacking the witness’s credibility


·                    Not repeating the direct examination


2.         Make the examination PERSUASIVE by:


·                    Making points that support your theory and theme


·                    Asking only questions to which you know the answer and not fishing


·                    Planning questions so that if fishing and the wrong answer is received,

            the fact-finder will not notice


·                    Using leading questions and never asking an open-ended question


·                    Asking only factual questions and not asking for opinions and conclusions


·                    Asking for only one fact at a time


·                    Making only big points and avoiding trivial matters


·                    Using simple language and short questions


·                    Building bit-by-bit


·                    “Torturing” key facts


·                    Using headlines


·                    Keeping the cross examination brief


3.         Use an interesting and dynamic STYLE by:


·                    Maintaining eye contact


·                    Using a dynamic voice and tone


·                    Using gestures as appropriate


·                    Not reading your questions, but working from an outline


·                    Remembering that cross examination does not mean being cross.