What not to do in cross-examination?

• Be Brief. Be brief, short and succinct. ...
• Use Plain Words. The jury can understand short questions and plain words. ...
• Use Only Leading Questions. The law forbids questions on direct examination that suggest the answer. ...
• Be Prepared. ...
• Listen. ...
• Do Not Quarrel. ...
• Avoid Repetition. ...
• Disallow Witness Explanation.

• Leading Questions Only. The Federal Rules of Evidence and the rules of evidence of all states permit leading questions on cross (Fed. ...
• One New Fact Per Question. ...
• Break Cross Into a Series of Logical Progressions to Each Specific Factual Goal.

• unduly repeat cross-examination questions.
• question solely to harass or embarrass the witness.
• intentionally insult or abuse a witness.
• ask a question to elicit evidence that is not admissible.
• ask questions that elicit privileged information.

What is not allowed in cross-examination?

Some 'don'ts' of cross-examination are not to ask if the answer is not already known by the cross-examiner, not to repeat direct examination, not to be diverted from the objective of the cross-examination, and not to let the opposing attorney interrupt the cross-examination.

How to outsmart cross-examination?

What are the three C's of cross-examination?

Trials are about persuasion — ideally, dramatic persuasion. You want to maximize the drama and the clarity of the contradiction. That's where the “three C's” of impeachment come in: commit, credit and confront.

What are three things to keep in mind during a cross-examination?

Can you ask hypothetical questions during cross-examination?

If utilized properly, the use of a hypothetical on cross will allow you to either undermine the credibility of the opposing expert or allow you to make the opposing expert your own witness and present opinion evidence which supports your position in the case.

What are the 10 commandments of cross-examination?

The original commandments are: be brief; ask short questions using plain words; ask only leading questions; do not ask a question if you do not know the answer; listen to the answer; do not quarrel with the witness; do not allow the witness to repeat his or her direct testimony; do not permit the witness to explain; ...

How to prepare to be cross-examined?

What does hearsay mean in court?

Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts, which is then offered in evidence to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish credibility.

Can you object during cross-examination?

Opposing counsel may object to certain questions asked on cross-examination if the questions violate the state's laws on evidence or if they relate to matters not discussed during direct examination.

Can you present evidence during cross-examination?

That party may call witnesses or introduce exhibits into evidence. This is primarily done by calling witnesses to the stand and asking them questions-"direct examination." The opposition may also introduce evidence, through cross-examination or the introduction of exhibits during cross-examination.

What are the limits of cross-examination?

As amended, the Rule is in the text of the 1969 Advisory Committee draft. It limits cross-examination to credibility and to matters testified to on direct examination, unless the judge permits more, in which event the cross-examiner must proceed as if on direct examination.

What not to say during cross-examination?

Never ask open-ended questions; word each question narrowly, and have a reason for every question you ask. Finally, never ask narrative-generating questions; they allow your opponent to re-open direct examination and blunt the effectiveness of your cross.

How do you stay calm when being cross examined?

Stay calm. Take a deep breath to maintain your composure. Taking a deep breath and being aware of a physical response to a stressful situation can help the witness feel more in control. It buys time for the witness to think about the question they are being asked and to formulate their response.

How long does cross-examination last?

The overwhelming majority of witnesses can be cross-examined in 30 minutes or less even in very complicated cases. Effective cross-examination makes a point quickly and keeps the jury engaged from the moment you ask your first question until you pass the witness for re-direct.

Who gets cross-examined first?

Once the Applicant's case has been presented, the other side (Respondent will open their case). The Respondent will give evidence and then the other side can ask cross examination questions of the Applicant.

What is one of the common tactics used during cross-examination?

When cross-examining a witness, you can ask leading questions or questions that suggest an answer. These questions are helpful because they can limit the range of answers that the witness can give and emphasizes points you want to make.

What are some good cross-examination questions?

Sample Questions for Witnesses

What did you witness? What was the date, time and duration of the incident or behavior you witnessed? Where did it happen? Who was involved?

How to discredit witnesses in cross-examination?

Prior inconsistent statements/conduct

Perhaps the most effective and most frequently used form of impairing credibility is proof of a statement or conduct by the witness that is inconsistent with the trial testimony. (Evid. Code, § 780(h)) The inconsistency need not be a complete contradiction.

Where to stand during cross-examination?

Position yourself behind defense counsel's table when you are making a key point on cross-examination, or maybe even for the whole cross-examination. You are now on the far-side of the courtroom. The witness you are cross-examining will tend to look at you to get the question from you, and to answer it.

How to answer questions as a witness?

Listen carefully to the question being asked. Be sure that you understand the question before answering. If you do not understand the question, ask that it be rephrased until you are able to understand what is being asked. Give the question as much thought as you need in order to give an accurate answer.