1. Closing Arguments and Questioning

2. 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.

3. 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…

4. 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

5. 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?

6. 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