Cross-ExaminationCROSS EXAMINATION (Questioning the opposing side's witnesses)
Forms of Questions: Attorneys SHOULD ask leading questions when cross-examining the opponent's witnesses (i.e., questions should be phrased to evoke a “YES” or “NO” answer, rather than a narrative one). EXAMPLES OF WHAT A LEADING QUESTION SHOULD LOOK LIKE > Mrs. Bryant, you considered marrying George Hayes, didn't you? > Isn't it true you are hard of hearing, Mrs. Short? > Mr. Jones, don't you generally prefer to avoid loud, crowded taverns? WHAT QUESTIONS MAY BE ASKED: Attorneys may only ask questions that relate to to matters which were brought out by the other side on direct examination or to matters relating to the CREDIBILITY (believability) of the witness, even if these matters, were not gone into during direct examination. EXAMPLES: > If the plaintiff in a car accident case never mentions damages to the car when being questioned by his/her own attorney, then the defense MAY NOT ask questions on cross examination about the repair costs. > On direct examination, the witness testifies as to events that took place in a bar in Evansville on a Friday evening. On cross-examination the attorney MAY ONLY ask the witness about the events in the bar in Evansville on Friday evening. ** The attorney MAY NOT ask the witness what happened at Mesker Park Zoo on Thursday afternoon. IMPEACHMENT: On Cross-examination, the attorney may want to show that the witness for his/her opponent should NOT be believed. This is called IMPEACHING THE WITNESS. It can be done by asking the witness questions about: *PRIOR BAD CONDUCT: that makes his/her credibility (truth-telling ability) seem doubtful and shows that the witness should not be believed. EXAMPLE: “Is it true that you have had your credit cards revoked for failure to pay your bills?”, or “Isn't it true that you often exaggerate events?" *PRIOR CRIMINAL CONVICTIONS: showing that the witness has been charged and found guilty in an earlier criminal matter. EXAMPLE: “Is it true that you were recently convicted of armed robbery?” *PRIOR STATEMENTS MADE BY THE WITNESS, WHICH CONTRADICT: his/her testimony at trial and point out the inconsistencies in his/ her story. EXAMPLE: Bill Jones testifies at trial that Joe's car was traveling 90 mph. The opposing attorney asks, “Isn't it a fact that before this trial you gave a statement to the police saying that Joe's car was only traveling about 50 mph?” *THE BIAS OR PREJUDICE OF THE WITNESS: that appears to demonstrate that the witness has reason to favor or disfavor one side of the case. EXAMPLE: Mrs. Young is the mother of the defendant. The prosecuting attorney points this out and asks, “Mrs. Young you don't want to see your son go to jail, do you?” *THE ACCURACY OF HIS/HER SENSORY PERCEPTIONS, which is the witness' ability to see, hear, or smell. EXAMPLE: Mrs. Block, “Isn't it a fact that you didn't have your glasses on when you claim to have seen Sam and Joe?” |
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So What Do You Do
Cross-examination follows the opposing attorney's direct examination of his/her own witness. The purposes of cross-examination are:
> to test the witness' truth-telling ability (and believability) in order to cast doubt on the validity of the witness' story, and/or
> to establish some of the facts of the cross-examiner's case wherever possible.
Cross-Examination should:
> Use leading questions, which are aimed at getting “yes” or “no” responses
> Be based on evidence, which was brought out on the direct examination of that witness
> Never include questions to which the attorney does not know the answer.
Proper phrasing of questions includes:
> Isn't it a fact...?
> On (date), when you made a statement in your attorney's office, you said that ______, didn't you?
Cross-Examination Should Conclude with, “Thank you, Mr./Ms. _________. That will be all, Your Honor.