Section 10.8 Goals

LibraryCivil Trial Practice 2015 Supp

A. (§10.8) Goals

Counsel should seek to elicit testimony by cross-examination that will (1) create doubt as to the truth of damaging testimony given by the witness and (2) support the cross-examiner’s case.

The first goal can sometimes best be accomplished by an attack on the witness’s character. Such an approach involves considerable risk. There is always a danger that the jury will sympathize with the witness and resent the lawyer. For example, the Missouri rule that permits an attorney to introduce...

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