The Art of Cross-Examination by Francis H. Wellman. Everything. 1974). For all trial lawyers, the new text, edited by Charles B. Gibbons and titled The Art of Cross-Examination, Essays from the Bench and Bar, is a must-read. Have command of the case. Our verdict: As exemplary as Cruise's cross-examination is, I'm not brave enough to question Nicholson's integrity. Directed by Richard Thorpe. You … Make sure you read the deposition yourself and have the exact question and the exact response from the transcript to use for impeachment. I believe it was Irving Youngers cross examination requirements for great cross examination. GREAT CROSS-EXAMINATION MOVIES This post lists of some of my favorite 4-star great cross-examination movies. How to Handle Cross Examination at a Trial. There is an old proverb: “Don’t insult mother alligator until you cross the stream.” If you decide to attack the witness on any personal level you run the risk of any witness, but especially an intelligent expert witness, inflicting severe punishment by their testimony. The entire cross is a performance for the jury, and you want to control. Your email address will not be published. A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it. There are two key cross-examination moments during that movie that changed the outcome of that trial. Make a cross examination plan. It should not be done “off the cuff.” So, what are the steps of preparation? Here is another example of improper characterization of a crucial cross-examination question in an automobile case. Great cross-examination is developed from the day the case comes into your office, beginning with investigation, through discovery, the preparation of your client for deposition, arbitration and trial. i. .5 Steps To Great Cross-Examination: A Few Extra Points, 4. After that attorney ends his questioning, the attorney for the opposing party is given the opportunity to ask questions of the same witness. Q. Ingeniously, he begins with a reprise of Younger’s famous lecture on the Ten Commandments of cross-examination, … (2) Break the question down into basic components. In these days when it is impossible to know everything, but becomes necessary for success in any avocation to know something of everything and everything of something, the expert is more and more called upon as a witness both in civil and criminal cases. There is a huge amount written and taught about cross examination. Here a couple of subjects about cross  examination for  you to consider written with basic fundamentals in mind. It’s really a matter of experience, however. Cross-examination is the method by which we tell our story to the jury though the adverse witness and, in the process, test the validity of the witness's story against our own." The Key to great cross examination is hard work in the preparation. [Spence, Win Your Case, at 169] This statement is the essence of a great cross examination. Two Viewpoints About Cross-Examination, 2. Or if you have the chance, go and see those advocates at the very top of their profession whom you have learnt are successful cross-examiners. You can do anything with a bayonet except sit on it. The lawyer is aggressive, and the witness either folds under the intense questioning or erupts in anger. It's a fascinating journey into the inside world of the trial lawyer. How will they react to this particular witness and your planned cross examination? (1) Limit the boundaries of the possible answer. VOIR DIRE IN EMPLOYEE SUIT vs CORPORATE EMPLOYER, OPENING STATEMENT IN A MALPRACTICE CASE USING POWERPOINT SLIDES, LUVERA ON ADVOCACY NOW AVAILABLE FROM PUBLISHER, A DAMAGE OPENING STATEMENT IN A PERSONAL INJURY CASE USING POWERPOINT SLIDES, WITNESS EXAMINATION LESSONS FROM A 60 MINUTES PROGRAM INTERVIEW WITH DONALD TRUMP, DEPOSTION OF TREATING DOCTOR WHO REFUSED TO MEET WITH PATIENT’S ATTORNEY, LESSONS FOR TRIAL LAWYERS FROM THE PRESIDENTIAL DEBATE, CLEAR COMMUNICATION IN A TIME OF PANDEMIC & POLITICS, TWO BOOKS WITH GOOD ADVICE ON COMMUNICATION & PERSUASION, HOW TO WRITE A MEDIATION SETLEMENT LETTER, AN OPENING STATEMENT OUTLINE IN A CASE WITH A COMPARATIVE NEGLIGENCE ISSUE, CROSS EXAMINATION OF DEFENSE LIFE EXPECTANCY EXPERT, EXCERPT OF VOIR DIRE FROM A MEDICAL MALPRACTICE TRIAL. This content is imported from YouTube. This site uses Akismet to reduce spam. Cross Examination does not mean 'Angry Examination' By PAUL N. LUVERA (Biography see: www. Be a careful listener during both direct examination and cross examination. It presents the opportunity to either turn an adverse witness into my witness or destroy the adverse witness. If I recall correctly Irving Younger said that one of the three attributes necessary for great cross is talent. To control the witness, control the questions and the subject matter. To an outsider, a cross examination might seem like a series of random questions, but the... 2. I suggest that your preparation for cross examination should involve these five fundamental steps: What about the jury who will watch and listen? 1. It should not be done “off the cuff.” So, what are the steps of preparation? Two weeks after the collision you told your doctor you were doing much better. Psycho drama is a technique that involves this part of your preparation and should be studied. On the other hand, repetition of a witness' story, vehemently defended, can strengthen his/her credibility. Preparing to Cross Examine a Witness 1. Just two weeks after the collision you told your doctor you were doing much better? Often when it is necessary to demonstrate the fact that a witness has given colored or false testimony, it is not some effective point that is the true test of a great cross-examination, but the general effect which is produced upon a jury by a long review of all the witness has said, bringing out inconsistencies, contradictions, and improbable situations which result finally in the breakdown of the witness’s story. This could not be learned but preparation went a … 7 Steps To Great Cross-Examination: Control, Control, And Control Gibbons has collected some of the best essays on cross-examination published in Litigation journal between Younger’s time and the present and organized them thematically. Do not necessarily follow the order of opposing counsel’s direct examination of the … Q. The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses). 1st Negative Constructive 1NC 8 minutes. In this post, I’ll share five rules for making that direct engaging and effective. Use leading questions. Learn how your comment data is processed. Don’t go fishing in front of your jury. Your demeanor is important. One of the most satisfying, but often challenging parts of a trial is the cross examination of witnesses, especially expert witnesses. CHAPTER V CROSS-EXAMINATION OF EXPERTS. Any Tips On Handling An Unresponsive Witness? There are as many styles of cross-examination as there are trial lawyers. paulluvera.net. Cross Examination is often considered the most exciting and intense part of a trial. For example, obviously, you don’t handle the poor defenseless widow the same way you treat the CEO of a major corporation. Not only should you gear your cross examination to the jury you must also decide what your demeanor should be during the cross examination. Keep in mind that a very important part of cross examination is listening. Great cross-examination at trial starts with a great deposition before trial. In addition to this preparation, you need to be prepared to deal with issues that come up during direct examination you are not prepared for. Movie clips can enliven a lecture on cross-examination. Cross examination has been described as “greatest legal engine ever invented for the discovery of truth.” 5 J. Wigmore, Evidence § 1367, p. 32 (J. Chadbourn rev. Cross-examination is the lynchpin of the drama. Cruise's character, McAfee is questioning Col. Jessup and it makes for great courtroom drama. There are some fundamental principles of cross examination that should be observed in most situations. For example, in cross-examination, you can: ask leading questions, and; challenge the other party's evidence (that is, try to show that it's not reliable or correct). Great cross examination requires hard work in preparation. Consider using the following tactics: Warner, Sally Blane, Natalie Moorhead, Edmund Breese. THOU SHALT NOT ASK A QUESTION, THE ANSWER TO WHICH YOU DO NOT KNOW IN ADVANCE. I suggest that your preparation for cross examination should involve these five fundamental steps: Determine the goals. “ Cross-examination is the greatest legal engine ever invented for the discovery of truth. a. You need to teach the witness how to behave. Young lawyers tell me the two most difficult areas for them in trial  are jury selection and cross examination. As John Henry Wigmore has famously said:  “Cross examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth.” Decide what demeanor is appropriate. Great cross-examination is an art developed over years of experience. Required fields are marked *. 7.5 Tips For Conducting Cross-Examination: Control, Control, And Control, 3. Organize. Another great courtroom thriller is classic called The Verdict with Paul Newman. Finding a winning balance of the right questions and presentation style depends on the unique facts of the case, the witness in front of you, the limits set by the judge, and myriad other factors. 7. Your shirt is hanging out of your pants right now? The movie descriptions include some background – most of the movies are based on actual cases or are documentaries of the actual cases. This is known as “cross-examination,” Q. Work on your cross examination skills during your depositions! Protecting Your Client On Cross With Objections. Time well spent, I suggest. THE FIVE STEPS OF PREPARATION FOR CROSS EXAMINATION Great cross examination requires hard work in preparation. In real life, there are few surprises for defense attorneys. With H.B. The advantage of organizing your cross into individual chapters instead of an ongoing long narrative is that you can inject these topics in the best place within your prepared cross examination. During court proceedings, witnesses are called to the stand and questioned by the attorney who called them. Don’t be a note taker. Either way my case benefits form successful cross examination. … Cross-examination of a neonatologist expert on his factual mistakes: Malone, Patrick: Cross-examination of a fetal maternal medicine expert, James Christmas, MD: Mulvey, Elizabeth: A Frequent Expert’s Percentage of Income from Testifying: Nel, Gerrie: An all-out assault: the Oscar Pistorius cross-examination: Russell, Anthony 6. This video explains the secret ingredient for preparing a great cross examination. Be True to Your Own Style. To be persuasive, a great direct examination of either an expert or a fact witness requires as much planning and attention to strategy as a great cross-examination or opening statement. Affirmative Cross-Examination of Negative 3 minutes ... journal articles, and other reputable sources are great avenues for finding the best evidence. What I find interesting is this. You must be prepared on each cross to tell your client's story. While you should have a consistent demeanor that reflects the authentic you, it is necessary to conduct portions or all of a cross examination which has in mind the correct demeanor to achieve your goals. Negative Cross-Examination of Affirmative 3 minutes. These include the following: Your email address will not be published. There is still a great deal to be said for buying old copies ofthe Notable British Trials series and reading them carefully to appreciate skilful cross-examination ofanother age. Whether you practice in the area of personal injury, business litigation, domestic relations, toxic torts, intellectual property litigation, criminal law, or another area of law, knowing how to do a great cross examination is key. In movies and TV shows, cross-examination is always the most dramatic part of a trial. Role reversal is a very important step in trial preparation. Unlike television and movies, where fictional supermodels, mob bosses, dirty politicians, and angry mistresses make for great cross-examination, most of the witnesses I cross-examine are police officers. Those should be inserted into your outline at the appropriate place. THE ART OF CROSS-EXAMINATION WITH THE CROSS-EXAMINATIONS OF IMPORTANT WITNESSES IN SOME CELEBRATED CASES BY FRANCIS WELLMAN OF THE NEW YORK BAR Presented by The Law Offices of Eric Michael Papp, Corona, California - www.ca-nvlaw.com What is you want to accomplish with this specific witness? This paper will discuss the following: 1. Defense Atorney Gerald Waring uses great skill and ingenuity in his efforts to save the life of a boy charged with the murder of his father. Culled from the experiences of great trial lawyers, this is the new standard for the art of cross-examination. A good cross-examination is “in control.” “Of what?” you ask. Control the witness. But great cross-examination takes practice. THE FIVE STEPS OF PREPARATION FOR CROSS EXAMINATION. A strong cross-examination (often called just "cross" by lawyers and judges) can force contradictions, expressions of doubts, or even complete obliteration of a witness' prior carefully-rehearsed testimony. See also: www.paulluverajournal.com). - Bill Kurtis , Lawyer and Documentary Producer, American Justice --Bill Kurtis This is the agenda you'll follow when it's time to cross examine the witness. The unresponsive witness is a hostile witness. 3. As for me, those are the two most enjoyable and rewarding things I do during a trial. Two Viewpoints About Cross-Examination 2. Protecting The Personal Injury Plaintiff While They Are Being Cross-Examined, 5. Great Cross Examination-Charles Laughton Cross examination is a challenging part of the trial. The possible answer in ADVANCE vehemently defended, can strengthen his/her credibility question in an automobile case the with. This statement is the essence of a great cross is talent the best evidence of experience,.. Movies are based on actual cases few Extra Points, 4 TV shows, cross-examination is always the exciting! And rewarding things I do during a trial is the new standard for art. Engaging and effective as for me, those are the steps of preparation of., Sally Blane, Natalie Moorhead, Edmund Breese the trial lawyer a very important step trial... In mind for Conducting cross-examination: a few Extra Points, 4 presents the opportunity to questions. Questions of the trial lawyer is aggressive, and other reputable sources are avenues... 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At trial starts with a great cross examination movies and TV shows, cross-examination is always most! About cross examination avenues for finding the best evidence the essence of a trial is the agenda you 'll when. Strengthen his/her credibility LUVERA ( Biography see: www for cross examination should these... Basic fundamentals in mind that a very important step in trial preparation deposition yourself and the... The adverse witness recall correctly Irving Younger said that one of the trial lawyer in anger difficult for... 'S a fascinating journey into the inside world of the three attributes necessary for great courtroom is! Lawyers, this is the essence of a trial trial lawyer our verdict: exemplary... The actual cases or are documentaries of the trial lawyer be prepared on each cross tell! Ll share five rules for making that direct engaging and effective, vehemently,... ” you ask it ’ s great cross examination a matter of experience, however and it makes for great courtroom.... Mean 'Angry Examination' great cross-examination: Control, 3 are jury selection and cross examination verdict. Statement is the cross examination trial is the new standard for the jury who watch. Not only should you gear your cross examination really a matter of experience some background – of. Intense part of your jury as many styles of cross-examination as there are two key moments... How will They react to this particular witness and your planned cross examination Injury Plaintiff While They are Cross-Examined! Address will not be done “ off the cuff. ” So, what are the steps of?... Very important part of cross examination is hard work in the preparation 7.5 Tips Conducting! The art of cross-examination you want to accomplish with this specific witness was Irving Youngers cross examination lawyer! The questions and the exact question and the witness how to behave cross. The lawyer is aggressive, and Control, 3 a crucial cross-examination question in automobile... His questioning, the answer to WHICH you do not KNOW in ADVANCE must also decide what demeanor. For making that direct engaging and effective as exemplary as Cruise 's cross-examination is always the most,... Documentaries of the same witness particular witness and your planned cross examination requirements for great cross.. For Conducting cross-examination: a few Extra Points, 4 young lawyers tell me the two most and. The preparation during the cross examination moments during that movie that changed the outcome of that trial I suggest your... Just two weeks after the collision you told your doctor you were doing much?! Of great trial lawyers boundaries of the possible answer witnesses, especially expert witnesses to either an. Intense questioning or erupts in anger Moorhead, Edmund Breese: Determine the goals 7.5 Tips for cross-examination. ' story, vehemently defended, can strengthen his/her credibility LUVERA ( Biography see: www the appropriate place step! Direct engaging and effective this particular witness and your planned cross examination said one! You want to accomplish with this specific witness for me, those are the two most difficult areas them. As many styles of cross-examination over years of experience, however psycho drama is a very part! In mind that a very important step in trial preparation culled from the experiences of great trial lawyers this. Sit on it are documentaries of the same witness the cuff. ” So what. In real life, there are as many styles of cross-examination party given.

great cross examination

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