Section 10.9 When Not to Cross-Examine

• Library: Civil Trial Practice 2015 Supp

B. (§10.9) When Not to Cross-Examine

In considering whether to cross-examine, counsel should keep in mind that a choice not to cross-examine will allow the witness’s testimony to go unchallenged in the eyes of the jury. But if the chances of developing favorable testimony or of successful impeachment appear poor, it is often better to take this risk than have unfavorable testimony repeated and thus emphasized.

The weak and ineffective witness on direct examination sometimes feels challenged by the...