ZACHARY SCHULTZ CARR COMPETITION 2012 Cross Examination: Forcing the Story

The Ingredients  A Discredited Witness  A Prominent Attorney  A Clear Point

RULES  Always lead your witness.  Control the entire process.  Gather momentum.  Don’t ask a question you don’t know the answer to.

An Discredited Witness Take your easy attacks first. Simple things go a long way to discredit a witness. Listen to direct very carefully. Witness often hang themselves. Key into the common sense problems.

A Prominent Attorney Volume control is crucial. Effectively position yourself. Control the well with transitions and gestures. Be wary of gender, size, and perception problems.

An effective cross is a short cross. Pockets help make a cross easier to follow and maximize retention. A Clear Point

A Clear Point (Cont.) Know your witnesses statements better than they do. Don’t let the cross become a fight. Maintain the position of power. “Withdrawn!” Isn’t a real thing. A cross isn’t a narrative it is a component of theory.

Example Listen to the content and form of questioning. Watch positioning and gestures. Try and figure out where this cross fits in the theory.

Defensive Lawyering Your job is to make the directing attorney’s job hard. Standard Objections:  Form:  Leading  Calls for…  Vague  Content:  Hearsay  Speculation  Lack of Foundation  Inadmissible Expert Opinion  Lack of Personal Knowledge  More Prej. Than Prob.  Relevance

Hearsay An:  Out of court  Statement  Being offered  For the truth  Of the matter asserted More nuances than we could cover here but be aware of this in preparation. Find your exceptions ahead of time.

Objection! All you have to say is “Objection Grounds!” Judges tend to dislike speaking objections. Let them ask you for more if they want it. Stand. Do not respond to OC. Respond to the judge directly.

Losing Pretend nothing happened at all. Don’t abandon objections just because you lose a few. In competition judges tend to overrule as a mater of course. Don’t re-raise the issue.

Winning Know what you could lose by winning. Enjoy your victory silently and internally. Don’t let up unless the judge indicates you should. You are there to learn and win.