What questions should you avoid in cross-examination?

• 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.

• 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.

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

What is the first rule of cross-examination?

The first rule of cross-examination is that there are no absolute rules of cross-examination. There are merely guidelines and suggestions. Every cross-examination is different, and has to be approached with flexibility.

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.

How to avoid leading questions in court?

Sometimes leading questions on direct are proper, such as when dealing with an adverse witness or laying an evidentiary foundation. But normally they're not. The easiest way to avoid leading is to begin your questions with the letter "W."

What are the limits of cross-examination?

Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility. The court may allow inquiry into additional matters as if on direct examination. (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

What types of questions should you only ask in cross-examination?

When cross-examining the other side's witness, you can only ask about the subjects that the plaintiff's attorney asked the witness about in direct examination. The legal term for this is the scope of direct examination.

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.

How do you succeed in cross-examination?

What questions can you not ask a witness?

As a general rule, do not ask leading questions - questions which contain within them the answer, suggest the answer or call for a yes or no answer - or your direct will be interrupted with sustained objections.

What are the leading questions in cross-examination?

The trial attorney should always ask leading questions on cross. Never ask non-leading open-ended questions unless they are low-risk questions to which you either know the answer or the answer cannot hurt you. A leading question, by definition, is one that contains the answer within the question.

Can you be argumentative on cross-examination?

When the person asking cross-examination questions begins to argue with the witness, known as “badgering the witness,” then the other party can object to the questioning as argumentative. Example: Opposing party's attorney: “You are not afraid of my client, correct?” You: “Yes, I am.”

What should you avoid saying in court?

How to respond to cross-examination questions?

What are examples of leading questions?

There are four types of leading questions you should be aware of, from assumptive questions to statement-based, coercive, and consequential questions. Examples of leading questions are: 'How much do you enjoy using [product]? ' 'What did you like and dislike about [x]?

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.

What objections can you make during cross-examination?

You can object if you think the other side's evidence, witness testimony, or question should not be allowed. The rules for what is allowed in court are in the evidence code. If a judge agrees with your objection, the evidence or testimony won't be part of the official court record and can't be used to decide your case.

What are examples of hypothetical questions?

How long is a typical cross-examination?

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.

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; ...

Can you introduce evidence on cross-examination?

For such purposes, the Federal Rules of Evidence allow the introduction of extrinsic evidence on cross-examination only if it is related to the witness's character for truthfulness.