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Cross Examination: Forcing the Story

Cross Examination: Forcing the Story. Zachary Schultz Carr Competition 2012. The Ingredients. A Discredited Witness A Prominent Attorney A Clear Point. RULES. Always lead your witness. Control the entire process. Gather momentum. Don’t ask a question you don’t know the answer to.

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Cross Examination: Forcing the Story

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  1. Cross Examination:Forcing the Story Zachary Schultz Carr Competition 2012

  2. The Ingredients • A Discredited Witness • A Prominent Attorney • A Clear Point

  3. RULES • Always lead your witness. • Control the entire process. • Gather momentum. • Don’t ask a question you don’t know the answer to.

  4. An Discredited Witness • Take your easy attacks first. • Simple things go a long way to discredit a witness. • Listen to direct very carefully. Witness often hang themselves. • Key into the common sense problems.

  5. A Prominent Attorney • Volume control is crucial. • Effectively position yourself. • Control the well with transitions and gestures. • Be wary of gender, size, and perception problems.

  6. A Clear Point • An effective cross is a short cross. • Pockets help make a cross easier to follow and maximize retention.

  7. A Clear Point (Cont.) • Know your witnesses statements better than they do. • Don’t let the cross become a fight. Maintain the position of power. • “Withdrawn!” Isn’t a real thing. • A cross isn’t a narrative it is a component of theory.

  8. Example • Listen to the content and form of questioning. • Watch positioning and gestures. • Try and figure out where this cross fits in the theory.

  9. Defensive Lawyering • Your job is to make the directing attorney’s job hard. • Standard Objections: • Form: • Leading • Calls for… • Vague • Content: • Hearsay • Speculation • Lack of Foundation • Inadmissible Expert Opinion • Lack of Personal Knowledge • More Prej. Than Prob. • Relevance

  10. Hearsay • An: • Out of court • Statement • Being offered • For the truth • Of the matter asserted • More nuances than we could cover here but be aware of this in preparation. Find your exceptions ahead of time.

  11. Objection! • All you have to say is “Objection Grounds!” • Judges tend to dislike speaking objections. Let them ask you for more if they want it. • Stand. • Do not respond to OC. Respond to the judge directly.

  12. Losing • Pretend nothing happened at all. • Don’t abandon objections just because you lose a few. • In competition judges tend to overrule as a mater of course. • Don’t re-raise the issue.

  13. Winning • Know what you could lose by winning. • Enjoy your victory silently and internally. • Don’t let up unless the judge indicates you should. • You are there to learn and win.

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