Cross examination

• Author: Jim Wren/Laura Brown
• Pages: 371-394

CROSS EXAMINATION

17-1

CHAPTER 17

CROSS EXAMINATION

I. EFFECTIVE AND INEFFECTIVE CROSS EXAMINATION

§17:01 Take a Disciplined Approach

§17:02 Avoid Ineffective Tendencies

§17:03 Understand What Makes Cross Examination Powerful

II. FOUNDATIONAL TECHNIQUES

§17:10 Your Role Is to Be a Teacher

§17:11 Your Goal Is to Validate Your Story

§17:12 Your Tool Is One Fact Per Question

§17:13 Your Organization Is by Themes and Points

§17:14 Your Attitude Is Respectfully and Relentlessly Persistent

III. THE DEFENDANT

§17:20 The Objectives of Cross Examination

§17:21 Encouraging Anger as a Motivation for Damages

§17:22 Validating the Cause of Injury

§17:23 Validating the Extent of Injury

§17:24 Validating the Consequences of Injury

IV. THE OPPOSING DAMAGES EXPERT

§17:30 Aim at Credibility Rather Than Correctness

§17:31 Planning the Cross Examination

§17:32 The Defense Medical Expert

§17:33 Undisclosed Opinions and Bases for Opinions

V. LAY WITNESSES

§17:40 Look for Personal Knowledge That Matches the Damages

VI. IMPEACHMENT IN CROSS EXAMINATION

§17:50 Document and Video Impeachment

§17:51 Preparation for Video Impeachment in Trial

VII. HANDLING PROBLEM WITNESSES

§17:60 The Sympathetic Witness

§17:61 The Hostile Witness

§17:62 The Nonresponsive Witness

CROSS EXAMINATION

Proving Damages to the Jury 17-2

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