Their Witnesses

• Author: Leonard H. Bucklin
• Pages: 103-112

5. Their Witnesses

§5.1 Instructions to Staff

INSERT FORM. Insert a double-sided copy

of the STANDARD QUESTIONS TO USE

AGAINST ADVERSE WITNESS.

INSERT FORM. Insert one of the WITNESS

SUMMARY forms for each one of their wit-

nesses. Fill in the name and contact information. Put them in alphabetical order. Let the

attorney or legal assistant prepare the rest of the Witness Summary sheet.

File behind the Witness Summary form, for each witness, the miscellaneous materials

which are helpful in handling the witness, such as copies of statements, copies of the attor-

ney’s notes of interviews or miscellaneous facts, diagrams or notes about what others have

to say about the witness — anything that can be helpful in examination of the witness.

§5.2 Checklist: Six Standard Items in Cross-Examination

1. What must the witness admit? (For example, that there was a stop sign; that it was

red; that it was three feet wide; and that he started up and there was a collision.) When

the witness admits a point that you want to press home as part of your theme of the

case, follow it up with a question like: “No question about that, is there?”

2. What shows bias or otherwise impeaches credibility?

3. On what items can his testimony be limited? (For example, he did not hear the rest

of the conversation; or he did not read all the contracts; or her viewpoint was limited by

the bush between her and the cars.)

4. Where is he weak? Weak spots in the witness’s testimony make the witness’s other

testimony lose force. (“You do not know...?”)

5. Areas in which you have lots of material, and the witness has little.

6. What does the witness know that agrees with your case? Look for areas in which

you can keep pressing the theme to emphasize your advantage. (Is it true that...?) (You

were in court when X testified that...?)

5-1

Read and follow this instruction sheet.

Then place this instruction sheet as

the first item behind the tab. Leave it

here, so that “Six Standard Items in

Cross-Examination” is always first in

this section for immediate use.