DIRECT AND CROSS EXAMINATION OUTLINE

DIRECT AND CROSS EXAMINATION OUTLINE

DIRECT EXAMINATION

1. ORGANIZE the direct examination in a persuasive and logical way, usually by:

Accrediting the witness

Setting the Scene

Describing the Action

Filling in Detail

2. Present the fact-finder with an UNDERSTANDABLE STORY by:

Sometimes using a teaser question

Usually telling a chronological story, but sometimes using a topical approach

Utilizing the doctrines of primacy and recency by starting and ending big

Using headnotes

3. Keep the fact-finder involved by using an INTERESTING PACE by:

Not letting the story lag or become tedious

Not leaving long pauses between answers and the next question except for dramatic effect

Varying the pace depending on the information being asked about and the mood being created

4. Make the examination PERSUASIVE by:

Tying the story into your case theory and theme

Letting the witness tell the story, not the attorney, by putting the spotlight on the witness

Using primarily nonleading, open-ended questions (Who, What, Where, When, Why, How, Describe, Explain)

Keeping questions simple

Using conversational language

Using active, ordinary language

"Torturing" key points

Using connectors and "looping back"

Anticipating cross examination

Using detail for credibility, not tedium

5. Use an interesting and dynamic STYLE by:

Using your voice for interest and emphasis

Maintaining eye contact

Displaying energy and interest

Not reading your questions, but operating from an outline

Avoiding distracting mannerisms

CROSS EXAMINATION

1. ORGANIZE the cross examination in a persuasive and logical way, usually by:

Arranging the cross examination around the points being made

Gaining any admissions from the witness before attacking the witness’s credibility

Not repeating the direct examination

2. Make the examination PERSUASIVE by:

Making points that support your theory and theme

Asking only questions to which you know the answer and not fishing

Planning questions so that if fishing and the wrong answer is received, the fact-finder will not notice

Using ONLY leading questions and never asking an open-ended question

Asking only factual questions and not for opinions and conclusions

Asking for only one fact at a time

Making only big points and avoiding trivial matters

Using simple language and short questions

Building bit-by-bit

"Torturing" key facts

Using headlines

Keeping the cross examination brief

3. Use an interesting and dynamic STYLE by:

Maintaining eye contact

Using a dynamic voice and tone

Using gestures as appropriate

Not reading your questions, but working from an outline

Remembering that cross examination does not mean being cross.