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Category: Cross

CROSS EXAMINATION THOUGHTS WORTH CONSIDERING

CROSS EXAMINATION THOUGHTS WORTH CONSIDERING

While a lot has been written about the subject of cross-examination, it is a difficult subject that deserves our attention. Here are some observations that are not particularly original nor profound, but perhaps worth considering when preparing for cross examination. In April 1988 the United press published an article about a skydiver in Lewisburg, North Carolina who died while parachuting. The article said: “A veteran sky diver, who fell 10,500 feet to his death, apparently forgot to wear a parachute in his excitement to film other skydivers,…

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CROSS EXAMINATION IDEAS

CROSS EXAMINATION IDEAS

One of the most satisfying, but often challenging parts of a trial is the cross examination of witnesses, especially expert witnesses.  As John Henry Wigmore has famously said:  “Cross examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth.” However, Louis Nizer, a great New York trial lawyer, also has observed it can be risky for the cross examiner: “In cross-examination, as in fishing, nothing is more ungainly than a fisherman pulled into the…

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HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

Recently I was asked by a lawyer what I recommended for a deposition the lawyer was taking involving witness who was going to testify to facts in direct conflict with his client’s testimony. A classic two versions of the same fact in conflict. I advised him that these are difficult examinations and had this advice. To illustrate my advice, I’m making up an example of a case with a conflict issue similar to the lawyer involved. Imagine a case involving…

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