1. Witness Examination
Cross and Direct

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

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

4. 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

5. 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

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

7. 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

8. 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