It must be a guaranteed winner. Do not worry about starting strong It would be desirable to be able to begin every cross examination with a strong, memorable point that absolutely drives home your theory and theme. Typically, approaching the witness is only allowed when you are asking him or her to look at an exhibit.
The witness may fill in gaps that were left in the direct testimony.
These are simply examples, not an exhaustive list of what you must do. You lived about 16 miles from your office? You never know how the adverse witness is going to answer a question.
The above list then becomes the following cross examination of the defendant: First, it cuts off the escape route for a witness who is inclined to argue or prevaricate. Today, mock trial competitors have lots of examples online for direct examination.
Admitting exhibits during cross examination is difficult and should be avoided if possible. A cross examination that is totally scripted will sound artificial, and will lead your witness to be thrown off when there are objections, or if you have to rephrase the question.
If you are unsure of where the witness applied his brakes, of course you will not tell him that it was thirty feet. An inattentive lawyer might have interpreted that answer as a denial or otherwise let it go by. Whatever you do, pick a method with which you are comfortable and be consistent so that you can effectively train the witness to answer your questions.
You awoke at 7: Were you able to finish on a high note, or did you simply give up? It is not necessary, and it may not be possible, to achieve them all.
A useful cross examination should fulfill at least one of the following objectives: This is a logical phenomenon; of course the other side will want to prevent you from making strides at the expense of their witnesses.
A hostile, evasive, or argumentative witness may require you to employ more assertive means, however. Unless you are able to start off with a true bombshell, it will usually be preferable to take the time necessary to establish predicate facts through indirection.
For example, assume that you are cross examining the defendant in the fire truck case. Remember too that an effective cross examination often succeeds through the use of implication and innuendo. Were you able to shake the adverse testimony?
The final proposition is saved for final argument. The organization of the examination and the structure of your individual questions will depend upon additional analysis. There is one rule that applies to cross examinations in actual trials that is not discussed here.
But you lose control when you ask: Unlike direct examination, however, on cross examination you will often have to deal with a witness who is reluctant to help your case.
Your parking garage was located three blocks from your office, correct? If you have already established all of the incremental facts that lead to your conclusion, then you will have little to gain by making the question explicit.
Lay the Foundation for Your Questions If you have an expert witness, you will need to establish his or her qualifications before they can render an opinion.
You can repeat your question but this time ask it slower or use simpler language to make sure you are being clear. How can you be sure to ask only leading questions?
Under these circumstances you can expect the witness not only to disagree with your ultimate proposition but to be prepared to explain exactly why you are wrong. More importantly, it lets you know early in the sequence whether the witness is likely to disagree with you.
Many of the facts are not likely to be available from friendly witnesses.Older students can be assigned to write direct questions for a witness individually or in small groups. It is always helpful to invite a lawyer, law student, or someone in a law-related field when you begin writing your Mock Trial.
Step Writing the Cross Examination Questions A. Tips for a Direct Examination in a Mock Trial July 4, by mocktrialblahblahblah Unlike a cross examination which is hard to plan, a direct examination is all about planning. Trying to write the perfect opening or closing statement for your mock trial case, but unsure where to start?
Don't worry— CollegeVine has the answers. How to Write Mock Trial Opening and Closing Statements. October 25, In addition to direct and cross examination, in which attorneys question witnesses on both sides, attorneys. - HINTS FOR PREPARING FOR THE MOCK TRIAL COMPETITION TABLE OF CONTENTS followed by re-direct and re-cross examination.
The same procedure is used for the defense’s second and third witnesses. The specific mechanics of direct and cross examination are mock trial, the problem will specifically identify all experts. CROSS EXAMINATION by M. Donna Ross Mock Trial Law of the Positive Spin For every vision there is an equal and folder for each witness and write one word working on a book on Mock Trial.) sive to a question, then: a.
Let him babble on, then b. Complete the answer for him. May 13, · How to Cross Examine Three Parts: Preparing to Cross Examine a Witness Crafting Effective Questions Conducting the Cross Examination Community Q&A During a trial, your cross examination of the opposing counsel's witness is an opportunity to make him or her appear unreliable%(26).Download