Witness Examination Cross and Direct

How you present your evidence Reasonable expectation If not presented in trial, not in closing either Opening and closing are not considered evidence Overall

Tell your side of the story Story form Open ended questions Direct Examination

Preparation of Direct Examination Organize Introduction-how are they related to the case? If testimony is in story form go in chronological order. If not, important issue in beginning and end Damaging in middle Prepare the witness Be prepared to handle objections Preparation of Direct Examination

Technique: Restate their answer in your next question Where should you stand? Technique: signposts New topic= introductory sign-post Technique: Restate their answer in your next question Address your witness’s weaknesses Keep it in the middle End on a strong note During the trial

More powerful with a hostile witness Highlight weaknesses More powerful with a hostile witness Cross Examination

Select any beneficial testimony Identify weaknesses in the story Inconsistent statements Holes in their story Unreliable statements/observations Show witnesses bias or prejudice Start with information that benefits End with most damaging Preparation

During the trial Lawyer is the star of cross-examination Close-ended/leading questions Know the answer Answer should be yes or no Force to commit Each question should add one small piece of information Address 3 or 4 most pressing issues Open and close with strongest points During the trial