Closing Arguments and Questioning

Closing Versus Opening Talk about facts to be established at trial Arguments from facts not allowed Little or no discussion of law Closing Work only with facts established in trial Argument from facts is the goal Some discussion of law, burden of proof, etc.

So, what is argument? Going beyond the facts to get to the conclusion you think they support Think of it in terms of “so…,” “therefore…,” “however” All cats are mammals…

Direct versus Cross Ex Goals of Direct Let your witness tell their story Make your witness appear credible Witness Talks Focus should be on witness Goals of Cross Tell the witness what to say Make the witness appear un-credible Attorney Talks Focus should be on the attorney

Form of the Question Open ended on direct Leading on cross Who… What… Where… When… How… Leading on cross …, didn’t you? …, isn’t it?

Question Order Want your questions to build or flow Think of it as a conversation (direct) or an explanation (cross) One question should follow from the next, until you get to the end of your big point Helps jury or judge so answers don’t seem to come out of the blue