DIRECT AND CROSS EXAMINATION EXAMINATION OUTLINE DIRECT EXAMINAT EX AMINATION ION 1. ORGANIZE the direct examination in a er!"a!i#e and $o%ica$ &a'( "!"a$$' )'*
Accrediting the witness witness Setting the Scene Describing the the Action Filling in Detail
+. ,re!ent the -act-inder &ith an UNDERSTANDA/LE STOR0 )'*
Sometimes using using a teaser question question Usually telling a chronological story, story, but sometimes using a topical approach Utilizing the doctrines of primacy and recency by starting and ending big Using headnotes
. 2ee the -act-inder in#o$#ed )' "!in% an INTERESTING ,ACE )'*
Not letting the story lag or become tedious Not leaving long pauses between answers and the net question ecept for dramatic effect arying the pace depending on the information being as"ed about and the the !arying mood being created 3. Ma4e the examination ,ERSUASI5E )'*
#ying #ying the story into your your case theory and theme $etting the witness tell the story, story, not the attorney, attorney, by putting the spotlight on the witness Using primarily nonleading, open%ended questions &'ho, &'ho, 'hat, 'here, 'hen, 'hy, (ow, Describe, )plain* +eeping questions simple Using conversational language Using active, active, ordinary language #orturing "ey points #orturing Using connectors and looping bac" Anticipating cross eamination Using detail for for credibility, credibility, not tedium tedium 6. U!e an intere!tin% and d'namic ST0LE )'*
Using your voice for interest and emphasis -aintaining eye contact Displaying energy and interest Not reading your questions, but operating from an outline Avoiding distracting mannerisms
CROSS EXAMINATION 1. ORGANIZE the cro!! examination in a er!"a!i#e and $o%ica$ &a'( "!"a$$' )'*
Arranging the cross eamination around the points being made .aining any admissions from the witness before attac"ing the witness/s credibility Not repeating the direct eamination +. Ma4e the examination ,ERSUASI5E )'*
-a"ing points that support your theory and theme As"ing only questions to which you "now the answer and not fishing 0lanning questions so that if fishing and the wrong answer is received, the fact%finder will not notice Using 1N$2 leading questions and never as"ing an open%ended question As"ing only factual questions and not for opinions and conclusions As"ing for only one fact at a time -a"ing only big points and avoiding trivial matters Using simple language and short questions 3uilding bit%by%bit #orturing "ey facts Using headlines +eeping the cross eamination brief . U!e an intere!tin% and d'namic ST0LE )'*
-aintaining eye contact Using a dynamic voice and tone Using gestures as appropriate Not reading your questions, but wor"ing from an outline 4emembering that cross eamination does not mean being cross5
