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Direct Examination vs. Cross

This document provides guidance on direct examination and cross examination techniques for attorneys. For direct examination, it recommends keeping questions simple, focusing on one fact per question, using open-ended and non-leading questions, preparing witnesses, and presenting evidence chronologically or by topic. For cross examination, it advises starting with the second strongest point, then third, saving the strongest for last. It also stresses using leading questions, focusing on one fact per question, impeaching witnesses with prior statements, and controlling the tone and progression of questioning. The goal is to establish the attorney's narrative and undermine a witness's credibility.

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Apex Rosetti
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63 views5 pages

Direct Examination vs. Cross

This document provides guidance on direct examination and cross examination techniques for attorneys. For direct examination, it recommends keeping questions simple, focusing on one fact per question, using open-ended and non-leading questions, preparing witnesses, and presenting evidence chronologically or by topic. For cross examination, it advises starting with the second strongest point, then third, saving the strongest for last. It also stresses using leading questions, focusing on one fact per question, impeaching witnesses with prior statements, and controlling the tone and progression of questioning. The goal is to establish the attorney's narrative and undermine a witness's credibility.

Uploaded by

Apex Rosetti
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DIRECT EXAMINATION

 Present the evidence in a truthful and persuasive way.


 KEEP IT SIMPLE.

7 Steps

- Case analysis.
- Organize logic.
- Use simple language.
- Use exhibits. HE SAID TO DO IT.
- Vary the pace.
- Set the scene.
- Listen to your witness.

You want the jury to:


- Understand
- Believe
- Remember
...the story you present and the evidence supporting it.

What makes it hard?


- Jury can only hear once.
- Witness not a professional.
o Nervous
o Assumes Knowledge
o Forgets Facts

What makes an effective DIRECT?

- One fact per question: Ex:


 What is your name?
 Where do you work?
 Where do you live?
- Non-Leading
o Ex: You drive a red car, correct?

- Open Ended:
o Do not suggest.
 Wide Open – Describe for us, please explain.
 Directive – I would like to draw you attention to.
 Probing – Did you, what about, how about.

IT IS A CONVERSATION

- Good tone
- Demeanor
- Witness Preparation
o Ethical Considerations
o Too Scripted
o Tell them to trust/listen/tell the truth.

ORGANIZATION

- Chronological
- Alternative: By TOPIC
- Plant reptation through?
o Laying foundations
o Use to Exhibits
o Diagrams/Demonstration

EXHIBITS

- You Choose
- Persuasive Power

USE THEM:

- Opening
- Witness Testimony
- Closing

Volunteer Weakness:

- Talk about your bad fact/s.

THINGS TO REMEMBER:

- IT IS NOT YOUR SHOW


- WITNESS IS THE STAR AND THE FOCUS
- REMEMBER CASE ANALYSIS
CROSS EXAMINATION

- APPROACH IT PROPERLY

7 SETPS TO A SUPERIOR CROSS

- START AND END WITH CASE ANALYSIS PREP.


- DO IT IN SECTIONS – EVERY SECTION HAS A CLEAR THEME, THEORY,
ECT.
- CONTROL THE WITNESS
- ORGANIZE THE CROSS TO ACCOMPLISH GOALS
- DETAILS GIVE CONTROL
- IMPEACHMENT MUST MATTEER
- USE THEIR WORDS AGAINST THEM FOR IMPEACHMENT

**START WITH SECOND STRONGEST POINT FIRST**


**THEN START WITH THE 3RD STRONGEST**
**USE STRONGEST LAST!!**

WHY DO WE CROSS?

- INTRO A NEW FACT


- TO WEAKEN OR HIGHLIGHT A FACT
- WEAKEN OR STRENGTHEN THE CREDIBILITY OF A WITNESS

CREATING EFFECTIVE CROSS

- LEADING QUESTIONS ONLY


- ONE FACT PER QUESTION – DO NOT COMPOUND
- LOGICAL PROGRESSION – QUESTIONS LEAD TO A SPECIFIC OBJECTIVE

EX:
 YOU WERE AT THE STORE, YES?
 ON FRIDAY, CORRECT?
 THE 13TH?

TELL THE WITNESS WHAT YOU WANT THEM TO ANSWER – YOU WERE AT THE
STORE...
*** DO NOT USE TAGLINES***

WHY DO WE LEAD?

- TO ESTABLISH CONTROL
- FOCUS ON THE ATTORNEY—YOU ARE THE STAR.
- KEEPS THE WITNESS ON THE POINT OF THE SPEAR.

WHY ONLY ONE FACT?

- LET’S YOU TELL YOUR STORY


- LET’S YOU CONTROL THE WITNESS
- GETS THE JUROR THERE FIRST – EVERYONE KNOWS WHERE YOU ARE
GOING.

TONE MATTERS

- NOT EVERY WITNESS CAN BE A LIAR—CAN BE SIMPLY MISTAKEN.


- NOBODY LIKES A BULLY
- WHAT BENEFIT FROM ARGUING WITH THE WITNESS?

ORGANIZING THE CROSS

- FOCUS ON A LOGICAL PROGRESSION


- TRY TO RELATE THE CROSS

PREPARING THE CROSS

REVIEW PRIOR STATEMENTS AND TESTIMONY


 HELPFUL FACTS
 LOGICAL GAPS
 INCREDIBILE FACTS

- WHAT HELPFUL FACTS DID NOT COME OUT DURING IN-COURT


TESTIMONY?
ASK A SERIES OF QUESTIONS TO MAKE IT A POINT TO GET TO THE FINAL
QUESTION WHICH YOU WILL NOT ACT – ARE YOU AN ARMED ROBBER

- CASE ANALYSIS
- TIED TO THEME, THEORY, OR CREDIBILITY.
- CONTROL THE WITNESS
- ORGANIZE
- DETAILS GIVE CONTROL
- IMPEACHMENT MUST MATTER
- USE WITNESSES OWN WORDS

FOR DIRECT - WRITE THE QUESTIONS FOR THE WITNESSES AND THE
ANSWERS WE WANT.

AND THEY SHOULD NOT KNOW FOR CROSS.

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