as an attorney, what types of questions should you generally ask during cross-examination

Here are some tips for doing a cross-examination:

• Ask leading questions. That means you give the witness the answer you're looking for in your question. For example: ...
• Don't ask narrative questions (questions that don't have a single answer). Ask single, specific questions. For example: ...
• Don't ask questions that are really about opinions (for example, don't ask things like "Do you think he was wrong to forget the children?"). ...

Full Answer

What does the Attorney ask during cross-examination?

The attorney may ask leading questions during cross-examination. During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examination.

What are some tips for doing a cross examination?

Here are some tips for doing a cross-examination: Ask leading questions. That means you give the witness the answer you're looking for in your question. For example: You forgot to pick up the children from after-school care on April 25, didn't you? Don't ask narrative questions (questions that don't have a single answer).

Can a witness be cross examined without asking a question?

But, often, cross-examination will add nothing to your case. If cross-examination of a witness does not help your case, then let the witness go without asking a question. Asking a few harmless questions of a witness only suggests to the jury you believe the witness is worth questioning.

How many ways can you answer questions during cross examination?

Here are the FOUR ways you can answer questions during cross examination...at least these are the four ways the opposing attorney WANTS YOU TO ANSWER... That's it. Four simple, short answers. The attorney who cross examines you wants to be in control. He wants to tell a story. He wants to control what you say and how you say it. And that's Ok. Why?

What to say to a witness who isn't able to answer a question?

What should witnesses do when facing questioning by a hostile prosecutor?

Can a lawyer ask a leading question?

Does Carson agree with the cross-examination?

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Can a lawyer ask leading questions in cross-examination?

Leading questions are also allowed during a cross-examination when an attorney is questioning the other party's witnesses. This is because one of the purposes of cross-examination is to test the credibility of statements that a witness made on direct examination.

What are 3 rules for composing cross-examination questions?

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is ...

What are important points for cross-examination?

Five Steps to an Effective Cross-ExaminationEstablish Your Goals for Each Witness. ... Structure Your Questions to Box Witnesses In. ... Strategically Use Constructive & Deconstructive Cross-Examination. ... Know Witnesses' Prior Testimony Inside & Out. ... Keep Your Cool with Uncooperative Witnesses.

What questions do lawyers ask witnesses?

You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, “Witness, what did you see at the intersection of A and B streets?”

What questions can be asked in cross-examination?

In the course of cross-examination, a witness may be asked questions: (i) To test his veracity; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.

What is the first rule of cross-examination?

The rule of primacy says that the jury will be most attentive in the first few minutes of cross- examination. Of all the parts of the examination, the jury will likely recall best how it began and the first points that were made.

How do you do well in cross-examination?

Method/how to cross-examineKeep your composure at all times. ... Control over the witness. ... Keep your questioning short and to the point. ... Take advantage of presentation materials and be imaginative about them. ... Have a good beginning and a good ending. ... Always tread carefully and never under-estimate an expert witness.

How do you prepare for cross-examination in court?

Conduct during cross-examination Maintain good eye contact. Always avoid a fight with a witness. If a witness incites you, stick to the backup questions. Listen to the witness carefully and always look for any inconsistencies in their statements.

How do I cross-examine like a lawyer?

How to cross-examine a witnessAsk questions, rather than making statements.Keep your questions short and to the point.Try and ask questions that have a 'yes or no' answer. ... You must put your version of events to the prosecution witnesses.Make sure you don't argue with or insult the witness.

What are the 6 questions to ask every witness?

When I testify, who will question me?...At the HearingWhat is the order of events in the courtroom?What do I keep in mind when going to court?Why would I enter evidence in court?What evidence can I show the judge?Does testimony count as evidence?

What is a leading question in law?

A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.

What is an example of a leading question in court?

Examples of leading questions in Law include: How fast did the defendant appear to be driving? You traveled to New York on the 15th of January, 2019, didn't you?

When witnesses are examined who is allowed to ask question?

The judge may also ask questions, but must do so impartially. Judges may ask for clarification or may ask additional foundational questions in aid of ruling on an objection, even if doing so benefits one side.

What are the 4 types of witness?

Typically the Four Types of witnesses are:Lay witness.Expert witness.Character witness.Secondary witness.

How do witnesses answer court questions?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What questions do judges ask oral arguments?

Who has the burden during the appeal? What right/privilege has been infringed? Where does this right or privilege come from, and how has it been infringed? What is the prejudice or lack of prejudice?

4 Ways to Answer Questions When Cross Examined at Trial | The Law ...

To reach Gerry, call him now at 516-487-8207. The material on this website is for informational purposes only. Mr. Oginski practices law exclusively in the State of New York.. We do not practice law in any other State.

10 Tips on Conducting a Winning Cross Examination - Trial Guides

Top 10 Tips on Cross Examination. In the words of famous law professor John Henry Wigmore (1863-1934), cross-examination is “beyond any doubt the greatest legal engine ever invented for the discovery of truth.” Unfortunately, what you learned in law school and most CLEs won't help you much because much of what is taught about cross examination is long outdated, ineffective and potentially ...

How to face cross-examination as a defendant – BarristerBlogger

This from The Times obituary of Ann Curnow QC is one of my favourites: Her courtroom manner was formidable. Never intimidated or distracted, she pursued her questions with tenacity but with courtesy — although she was capable of the odd sly dig.

What to say to a witness who isn't able to answer a question?

A witness who isn't able to answer a question should communicate that. For example, a witness who doesn't have personal knowledge should say, "I don't know" rather than guess at an answer. And a witness who has to qualify a "yes" or "no" to make it accurate should say something to the effect of, "Your Honor, I can answer that question only if I'm allowed to explain my answer." Even if the witness doesn't get to elaborate on cross-examination, the defense attorney can usually provide that opportunity on re-direct examination.

What should witnesses do when facing questioning by a hostile prosecutor?

Witnesses facing questioning by a hostile prosecutor should stay calm and focus only on the questions.

Can a lawyer ask a leading question?

On cross-examination, lawyers are allowed to ask leading questions. They typically ask narrow questions intended to force the witness to provide certain information. Prosecutors use this tactic, too.

Does Carson agree with the cross-examination?

The question is leading but proper. The theory is that since Carson is likely to be hostile to the cross-examiner, he won't agree if the information is false. If Carson had two whiskeys—not three—within the half hour in question, he would simply answer, "No.". Talk to a Lawyer.

What is the art of cross examination?

The Art Of Cross-Examination. By Gerald A. Klein. While direct examination may be the hardest – and most important – part of any trial, cross-examination is usually the most fun. Unfortunately, most lawyers do not cross-examine witnesses well and forget that the purpose of cross-examination is not simply to attack an adversary, ...

Why do you ask questions of witnesses?

Asking no questions of a witness can minimize the importance of that witness in the juror’s eyes , as you obviously did not feel the testimony was significant enough to challenge.

How to help jurors understand the testimony?

As with every component of the case, consider using technology to help jurors understand what the testimony is. While you and the witness might easily understand what paragraph seven of the contract says and how it contradicts the witness’s testimony, jurors may start daydreaming if they cannot see the actual language of paragraph seven. Make sure jurors can see important demonstrative evidence or key documents, so they understand where you are going with cross-examination.

What is the most effective attack on a witness?

Often, the most effective attack on a witness is an attack on the witness’s truthfulness. Where a witness is a proven liar, even the jury instructions state the entire testimony of the witness may be disregarded. Jurors are very unforgiving of witnesses they find not to be truthful – especially in the case of party witnesses. Where you can show a party is lying, you may prevail on the case even if other elements of the case are weak.

What happens if an attorney cannot find the point of impeachment?

Worse yet, if the attorney cannot find the point of impeachment while the jury is waiting, the attorney looks silly and the witness looks even more credible. Effective cross-examination requires the cross-examining attorney to be able to challenge an incorrect answer in a moment’s notice.

What happens when you ask an open ended question?

When you ask an open-ended question, or a question where you do not know what the answer will be, the witness may hit that question out of the ballpark. The only exception to asking a question where you do not know what the answer will be is where no answer could possibly help the witness.

How strong is a witness's testimony?

A witness’s testimony is only as strong as his ability to perceive the events relevant to the testimony. Where a witness “has no dog in the fight,” it is often impossible to make the witness sound like he is untruthful. Where you are confronted with a seemingly honest witness with no ax to grind who has damaging evidence to present, attack the witness’s ability to perceive the events at issue. There are numerous ways to attack a witness’s ability to perceive. For example, it is possible to show the witness’s eyesight is poor or line of vision was obstructed. It is possible to show the witness was not present when certain events occurred. To see a classic demonstration of this type of cross-examination, rent My Cousin Vinny (1992).

Why is it important to ask questions during cross examination?

Because your credibility means everything at trial. If the jury finds that you are not believable, you've likely sunk your case. If the defense lawyer can show that you've lied about something important, you've got problems. A really good trial attorney will ask you short, leading questions during cross examination.

What is cross examination in law?

Cross examination is an opportunity for the opposing attorney to challenge what you've said. It's a chance to expose inconsistencies in what you've said. It's a chance to search for the truth. It's a chance to show you may have lied.

What happens if a doctor refuses to settle a case?

The doctor refuses to negotiate. He refuses to settle. That means your case is going to trial. Two to three years down the road, your case finally comes up for trial.

Can an opposing attorney ask a question?

If done correctly, the opposing attorney should never ask you a question that allows you to explain ANYTHING. If he does, he loses control of the questioning and the jury then focuses their attention back on YOU. He doesn't want that. The opposing lawyer wants the jury focused on him while cross examining you.

What does cross examination mean in court?

During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examina tion. For example, if the witness said one thing in an accident report or during a deposition and then testified differently at trial, the defendant's attorney can refer to the previous statements and show inconsistencies in the story.

What can a plaintiff's attorney ask for in a direct exam?

During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a bystander to testify as to what he or she saw just before, during, and/or after the accident, including what the weather was like, what happened during the accident, and any other details the witness remembers from the day.

What happens after a witness is cross-examined?

After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect.

How to undermine a witness's credibility?

Another way to undermine the witness's credibility is to show that the witness has a stake in the outcome of the case, which might influence the testimony.

What happens when a defendant calls witnesses?

The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.

What happens after a plaintiff's attorney completes the direct examination?

After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination. The attorney may ask leading questions during cross-examination.

What is direct examination?

During direct examination, a judge will have some control over the scope and form of the questions. The judge can stop repetitive questioning and prevent a lawyer from asking leading questions, which imply, suggest, or prompt the witness to give a particular answer. However, a judge won't restrict questions unless the other attorney makes an objection. If the plaintiff's attorney is leading the witness, then the attorney for the "defendant" (the person being sued) can object to the question. After listening to the objection, the judge will either sustain (grant) or overrule (deny) it and allow the witness to answer the question.

What to say to a witness who isn't able to answer a question?

A witness who isn't able to answer a question should communicate that. For example, a witness who doesn't have personal knowledge should say, "I don't know" rather than guess at an answer. And a witness who has to qualify a "yes" or "no" to make it accurate should say something to the effect of, "Your Honor, I can answer that question only if I'm allowed to explain my answer." Even if the witness doesn't get to elaborate on cross-examination, the defense attorney can usually provide that opportunity on re-direct examination.

What should witnesses do when facing questioning by a hostile prosecutor?

Witnesses facing questioning by a hostile prosecutor should stay calm and focus only on the questions.

Can a lawyer ask a leading question?

On cross-examination, lawyers are allowed to ask leading questions. They typically ask narrow questions intended to force the witness to provide certain information. Prosecutors use this tactic, too.

Does Carson agree with the cross-examination?

The question is leading but proper. The theory is that since Carson is likely to be hostile to the cross-examiner, he won't agree if the information is false. If Carson had two whiskeys—not three—within the half hour in question, he would simply answer, "No.". Talk to a Lawyer.