1 edition of How to conduct effective direct & cross examination. found in the catalog.
How to conduct effective direct & cross examination.
by Pennsylvania Bar Institute in [Harrisburg, Pa.] (104 South St., P.O. Box 1027, Harrisburg 17108-1027)
Written in English
Includes bibliographical references.
|Series||PBI ;, no. 1989-490, PBI (Series) ;, no. 1989-490.|
|Contributions||Pennsylvania Bar Institute.|
|LC Classifications||KFP538.Z9 H69 1989|
|The Physical Object|
|Pagination||x, 137 p. ;|
|Number of Pages||137|
|LC Control Number||89060991|
In this program, you will learn how to sharpen your case presentation through memorable direct examination, and streamline your cross-examination by following simple, yet effective rules. Presenting your client’s side of the story through direct examination is a crucial skill for all litigators. There will then follow a series of actual testimonial demonstrations illustrating how the principles detailed in morning lectures are applied to developing effective direct and cross-examinations of three types of mental health witnesses encountered in litigation: * The court-appointed forensic evaluator * The peer-review expert critiquing.
DIRECT EXAMINATION. Why direct examination is more important than cross-examination; How to excel during your direct-examination; An explanation of why experts who are great teachers are so effective and persuasive; 35 techniques to help you act as a great teacher of the jury or fact finder; CROSS-EXAMINATION. 71 advanced techniques to assist. examination. However, as noted above, cross examination is not as important as direct and the advocate who expects to score big points during cross examination instead of direct will be lucky to survive directed verdict. Effective cross-examination, like effective direct examination, is 10% inspiration and 90% perspiration. A. PREPARATION.
CROSS-EXAMINATION INTRODUCTION Cross-examination at trial is controlled by Fed. R. Evid. (b): Cross examination should be limited to the subject matter of direct examination in matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. CROSS-EXAMINATION. Cross examination is where you get to question the other side’s witness. Cross examination takes place immediately after direct examination, and is conducted from behind counsel table, or from the podium. There are two basic purposes of cross-examinations: 1. Eliciting Favorable Testimony. This involves getting their.
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“The edition of Brockett and Keker's Effective Direct and Cross-Examination is a “must have” on the desk of every trial lawyer.
In a concise, well-indexed, easy-to-read format, this volume tells the essentials of effective trial advocacy, from the perspective of two of the leading trial lawyers of. How to Conduct Effective Direct & Cross Examination in a Civil Case [Norbert F.
Bergholtz, William R. Caroselli, Francis P. Devine, III, Robert A. Freedberg, John P. Gismondi, David E. Lehman, Edward G. O'Connor, Deborah D. Olszewski, Alan S. Penkower, Lowell A. Reed, Pennsylvania Bar Institute, James L. Hollinger, Carolyn L.
Wepfer] on Amazon Author: Norbert F. Bergholtz, William R. Caroselli, III Francis P. Devine. Remember the Point of Cross-Examination. Cross-examination is not a time for the lawyer to grandstand or win a battle of wits with the witness. Cross-examination is, like all other parts of the trial (opening, direct examinations and closing), a means by which you argue your case.
If nothing else, remember that and you’ll have conducted a. When conducting direct examination of a party or witness, how you ask the questions can be as important as what you ask. Review and apply these five direct examination techniques every time.
Speak in a comfortable style. Use a conversational tone that's loud enough for all to hear and can encourage a witness to speak. Think about your opponent's cross-examination. If there are bad facts that worry you, consider revealing them yourself during your direct. When the time comes for direct, give the witness enough room in the way you develop the testimony that he'll seem like a person, not a robot.
The witness is the star during direct, not the lawyer. While the cross examination of a witness is often viewed as a climatic moment in a trial, the direct examination of a witness, particularly an expert, can be of equal, if not greater importance to the outcome of a case.
Knowing how to effectively conduct a direct examination of an expert witness can set the tone for the entire trial. Cross-Examination. by John Stratton SC Deputy Senior Public Defender 1 August Cross-examination is the art of asking simple questions in the right order.
For the criminal defence lawyer, there are few things more important than cross-examination. In my experience, if a case is going to be won, it is usually during the prosecution case. Younger, p. 3 Ibid. 4 Ibid. it would be useful to set out some rules to assist you to better prepare for cross-examination.
THE ROLE OF CROSS-EXAMINATION The role of cross-examination is to weaken or discredit the testimony of the opposing. Professor Charles H. Rose III discusses how to structure cross examinations to create persuasive impact.
Cross-examination of a witness is a critical part of trial. An effective cross-examination can strengthen your case by bringing out favorable information, undermining and/or attacking the witness, and getting fresh discovery (particularly in criminal cases).
Master trial attorney James Brosnahan offers these ten tips for acing cross-examination: Use short, simple, leading questions with four.
The scope of cross-examination is intentionally broad. Rule (b) allows cross-examination “on any matter relevant to any issue in the case, including credibility.” The North Carolina courts have consistently held that cross-examination may serve four purposes: to expand on the details offered on direct examination; to develop new or.
and cross-examination. Even so, every detail necessary for effective examination of witnesses cannot be found in a single source.1 Such unfound details are practical skills and require years of learning, practice, and experience. This Article outlines ten tips for both direct and cross-examination, which certainly is not an exhaustive list.
Direct examination is an overlooked art within trial practice. Preparation should be just as thorough as any other part of the trial. It is generally best to take a witness chronologically through the relevant facts that bring him to the witness stand.
— Cross-Examination — Cross-examination serves to discredit direct testimony, to discredit the witness, and to reflect on the credibility of other witness-es. In deposition, cross-examine the witness to summarize and lock in her testimony before trial. • "Cross-examination" is questioning by a party other than the one who called the wit.
It will help you understand the hurdles lawyers usually face when conducting a cross examination, and will teach you some basic tips to an effective cross examination. Here are. The most effective direct examination will often utilize all four techniques in asking questions of a witness.
An open question will allow the witness the freedom to explain the events in their own language, often being able to look at the jury and use a tone that is more natural to the witness.
techniques for direct examination, cross-examination, and impeach-ment of young witnesses. DiREcT EXAMINATION A. Direct Examination-Getting Underway The direct examiner's primary responsibility with all witnesses, whether children or adults, is to "get the story into the record.".
examination. However, as noted above, cross-examination is not as important as direct examination, and the advocate who expects to score big points during cross-examination instead of direct will be lucky to survive directed verdict.
Effective cross-examination, like effective direct examination, is 10% inspiration and 90% perspiration.
Go beyond the basics with these 5 proven cross-examination tips, excerpted from our book Texas Criminal Lawyer’s Handbook: 1. Resist beginning cross with an attack on the witness’s final answers on direct.
Resist the temptation to begin your cross-examination by proving the inaccuracies of the last several points made on direct examination. Effective Direct & Cross Examination William A.
Brockett, John W. Keker, Herbert Gross California Continuing Education of the Bar, - Cross-examination - pages. Examining Witnesses: Direct, Cross, and Expert Examinations [Haydock, Roger, Sonsteng, John] on *FREE* shipping on qualifying offers.
Examining Witnesses Reviews: 3.The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses). For example, in cross-examination, you can: ask leading questions, and; challenge the other party's evidence (that is, try to show that it's not reliable or correct).Additional Physical Format: Online version: Brockett, William A.
Effective direct & cross examination. Berkeley, Calif.: California Continuing Education of the Bar,