Category Archives: Cross-Examination: Science and Techniques by Pozner & Dodd

How to Master the Techniques Without Trial Experience 1.      Cross-examine inanimate objects to master the 3 Rules of cross-exam. a.      Leading questions only b.      One fact at a time c.       Leading toward a definable goal   2.      Cross-exam in the office. a.      Another person takes on the voice … Continue reading →

Pre-trial Application Practice does NOT make perfect because perfection is not possible in trial work.  Fortunately, perfection is not necessary.  Practice allows the trial lawyer to engrain the techniques of cross-examination so that they feel natural.  Trial is the last place to learn … Continue reading →

Recognizing and Controlling Bait When the cross-examination is going well for the lawyer, a witness will often search for a way to derail the cross-examiner.  One of the most likely strategies is for the witness to offer bait. Bait is a partially … Continue reading →

Coping With Objections  The more the advocate can give context to a chapter, the more the trial court can recognize the importance and relevance of facts to the case being tried.  Objections often stem from the fact that the opponent does … Continue reading →

The Crying Witness The crying witness is a special problem on cross-examinations. The crying witness harms the cross-examiner through his highly emotional demeanor.  The outburst implies that the cross-examination is unfair and the resulting lack of answers to the cross-exam questions posed. The cross-examiner must control his or … Continue reading →

Examination Without Discovery The “no-discovery” Witness The opponent calls a witness and the cross-examiner does not know who the witness is or why this witness is being called.  Either way, thecross-examiner has no pre-trial discovery.  It is natural to feel frustrated and … Continue reading →

Loops, Double Loops, and Spontaneous Loops Some witness answers matter more than others and deserve highlighting.  In essence, the lawyer wishes to “plant a flag” on that fact. The techniques of looping, in all its various forms, are flag-planting techniques designed … Continue reading →

Chapter 23:  Diminishing or Building the Point While both sides of a lawsuit have strengths and weaknesses, the differences are not measured on an absolute scale, but on the scale of perception. It is the jury’s determination of the value … Continue reading →