Trial Advocacy- Cross-Examination

What is cross-examination?

 This is the process of questioning your opponent’s witness.

 The purpose is firstly to establish and advance your own case and secondly to attack
your opponents case.

 Prior to conducting a cross examination, determine whether their examination-in-

chief was damaging to your case. If you establish that it has not been harmful, the
you need to conduct a conservative cross-examination showing that the witness is
to be trusted. If it has been harmful, the you should seek to challenge them in your
cross-examination and challenge their evidence as inconsistent, improbably or
unrealistic, or you will challenge the witness as mistaken or untruthful.

Techniques of cross-examining

 Keep your cross-examination to four points, which support your theory of the case.
This will strengthen your argument.

 Make your strongest points at the beginning ad end of your cross-examination as

these are the points likely to remain in the mind of the listener.

 Anticipate what the answer will be before you ask the question. The purpose of
cross-examination is to obtain favourable facts and minimise the impact of the
evidence-in-chief.

 Do not write a script which you follow as this will not allow you to respond
effectively to the witness and will weaken your argument.

 If the witness says something you do not agree with, do not argue with them as this
undermined your own credibility and will ultimately impact your case. If you are
pleasant and courteous to the witness, the witness should relax an cooperate with
you.

 Do not ask the witness open questions as this gives them the opportunity to say
what they like. You need to ensure that you aske closed questions or leasing
questions as this can help you control the witness.

 If the witness during the examination-in-chief said something which favours your
case, then during cross-examination you should make the witness repeat it for
emphasis.

 You should put your version of the case to the witness and give them the chance to
accept or deny it.