Domestic Diversions

Checklists
CROSS-EXAMINATION:
Considerations:
1. Whether the witness’ testimony has damaged your case.
2. Whether you can reasonably expect to obtain favorable testimony from the witness.
3. Whether there are significant risks in conducting a cross-examination.
Irving Younger’s “Ten Commandments of Cross-Examination”:
1. Be brief (3 points or less).
2. Use short questions and plain words.
3. Always use leading questions.
4. Always know the answers.
5. Listen to the answers given.
6. Don’t quarrel with the witness.
7. Don’t let the witness repeat his or her story.
8. Don’t let the witness explain anything; keep control; make the principal assertions and statement of facts and have the witness agree with you.
9. Don’t ask one question too many; stop.
10. Save the ultimate point for summation.
Preparation:
Consider probable testimony, including exhibits.
List constructive facts.
List possible destructive facts.
Determine last line of questioning (safe and significant or forcefully stating own position).
Determine first line of questioning (significant constructive facts).
Establish all constructive facts:
Emphasize favorable positions of direct examination testimony.
Corroborate parts of own case.
Obtain admissions.
Atack credibility (consider how to prove if necessary):
– Witness (motive, bias, interest, prejudice).
– Testimony (perception, recollection/memory, communication).
– Conduct.
– Prior inconsistent statements.
– Prior bad acts.
– Prior convictions.
– Reputation.
Organize logically (issues or themes) but, if possible, not chronologically.
Revise to tell a story.
Be aware of how you will be perceived.
Insert witness-control questions at the beginning of each new line of cross-examination.
Plan for use of exhibits.
Be ready to adjust on basis of direct examination.