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20 04, 2014

SMOKE-AND-MIRRORS CROSS-EXAMINATION AND COURTROOM POSITIONING

By |April 20th, 2014|Concession-Seeking Cross, Courtroom Positioning, Smoke and Mirrors Cross, Your Chance to Testify|0 Comments

Where to StandRecently I (Bob Dekle) had my class doing practical exercises on concession-seeking cross-examination. See Cross-Examination Handbook for a discussion of the concession-seeking method.  Since we were in a mock courtroom, the non-performing students played the role of jurors and the witness took the witness stand. The first performer asked me if she should [...]

18 02, 2014

RELAX – “IT’S EXRAORDINARILY RARE TO LOSE A CASE ON CROSS-EXAMINATION” BUT EXCEPTIONS EXIST

By |February 18th, 2014|Books on Cross, Books on Trial Advocacy, Don'ts for Cross-Examination, Tips on Cross, Your Chance to Testify|0 Comments

Observations in The Elements of Trial by Friedman and CummingsIn their new book TheElements of Trial (Trial Guides 2013), Rick Friedman and Bill Cummings make a point that we make in Cross-Examination Handbook that a well- planned cross-examination presents little risk to the cross-examiner. We point out that cross-examination is the examiner’s opportunity to elicit [...]

14 08, 2012

DRAGNET CROSS-EXAMINATION

By |August 14th, 2012|Contradiction Technique of Cross-Examination, Dragnet Cross, Single Fact Question, Your Chance to Testify|1 Comment

On the old TV series Dragnet, Sergeant Joe Friday wanted his witnesses to tell him “Just the facts, ma’am, nothing but the facts.” This objective is as important on cross-examination as it was to Sergeant Friday. On cross-examination, you want just the facts, and you want your facts in small doses. One of the basic [...]

2 05, 2012

HONG KONG CROSS-EXAMINATION

By |May 2nd, 2012|Concession-Seeking Cross, Hong Kong Cross-Examination, Your Chance to Testify|1 Comment

A Barrister at WorkThe day before yesterday, I was in Hong Kong. I broke away from my travel group to make a visit to the High Court. What started as a tourist’s brief detour ended up giving me opportunities to watch a skilled Barrister’s cross-examination and to visit with that Barrister.A high profile murder trial [...]

20 05, 2011

INTERPLAY BETWEEN TAKING A DEPOSITION AND CROSS-EXAMINATION

By |May 20th, 2011|Bill Gates, Concession-Seeking Cross, David Boies, Deposition and Cross, Storytelling Cross, Tips on Cross, Your Chance to Testify|1 Comment

David Boies on Cross-Examination and Depositions with the Microsoft Antitrust Case Illustration Deposition Purposes and Techniques David Boies’ performance in taking Bill Gates’s deposition in Department of Justice’s Sherman Antitrust case against Microsoft is an excellent illustration of how to focus on the purposes of the deposition and by doing so, select the right techniques. [...]

11 05, 2011

ART OF LISTENING – PART 2

By |May 11th, 2011|Art of Listening, Your Chance to Testify|0 Comments

The Art of Cross-Examination Requires Mastering the Art of ListeningThe case began when a young lady whom we shall call Valerie used her CB radio to arrange a sexual rendezvous with a long distance truck driver. The trucker bragged to the defendant about his rendezvous with Valerie, and the defendant decided he, too, should have [...]

5 05, 2011

CROSS-EXAMINATION – KNOW THE ANSWER

By |May 5th, 2011|Control the Witness, Don'ts for Cross-Examination, Humor, Tips on Cross, Your Chance to Testify|0 Comments

Humor Makes the PointHumor can be the adhesive to make the point stick. And, the point is that the cross-examiner should know the answer before asking the question or not care what the answer is. Otherwise, as the saying goes, the cross may be “more suicidal than homicidal in nature.” The following transcript of a [...]

22 02, 2011

THE VELVET HAMMER DUELS WITH AN EXPERT WITNESS

By |February 22nd, 2011|Expert Witness, Karen Koehler, Storytelling Cross, Your Chance to Testify|0 Comments

Karen Koehler Cross-Examines an ExpertKaren Koehler, known by her adversaries as the “Velvet Hammer,” is a trial lawyer with Stritmatter Kessler Whelan Coluccio, an Adjunct Professor at the University of Washington Law School, a prolific writer and a guest columnist here. What follows is her insightful trial report on her cross-examination of a defense vocational [...]

9 02, 2011

CROSS-EXAMINATIONS IN THE EVOLUTION AND CREATIONISM TRIALS

By |February 9th, 2011|Books on Cross, Concession-Seeking Cross, Cross Handbook, Deposition and Cross, Dover Trial, Kitzmiller et al. v. Dover, Scopes Trial, Storytelling Cross, Tips on Cross, Your Chance to Testify|0 Comments

The Scopes and Dover TrialsCross-examination Handbook delves into the Scopes trial, focusing on Clarence Darrow’s examination of adverse witness William Jennings Bryan utilizing the reduction-to-the-absurd technique to defeat him. And, some say that the ordeal contributed to Bryan’s death five days after the trial.While the 1925 Scopes trial involved the prosecution of a football coach [...]

7 01, 2011

CROSS-EXAMINING THE EXPERT – THE PRESUMED INNOCENT ILLUSTRATION

By |January 7th, 2011|Books on Cross, Concession-Seeking Cross, Expert Witness, Presumed Innocent, Scott Turow, Your Chance to Testify|0 Comments

Cross-Examination Techniques DemonstratedPresumed Innocent, Scott Turow’s masterpiece thriller and courtroom drama, superbly illustrates how to conduct a winning cross-examination of an expert. The expert is forensic pathologist Doctor Tatsuo Kumagai, known to his friends as “Ted” and to others as “Painless.” Doctor Kumagai is called to testify in the murder trial of chief assistant prosecutor [...]

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