15.42 - 2. Control By Agreement

JurisdictionNew York

2. Control by Agreement

In addition to asking short, single-fact questions with control phrases that dictate a ‘yes” or “no” response, it may be necessary to “strike a bargain” with the witness prior to using the “leading questions” approach. The cross-examiner asks the witness to agree to answer only “yes” or “no” to a series of questions, and where he cannot answer “yes” or “no” the witness will advise the cross-examiner that he cannot answer the question “yes” or “no” rather than answering the question...

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