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Category: Cross Examination

THOUGHTS ABOUT CROSS EXAMINATION OF EXPERTS

THOUGHTS ABOUT CROSS EXAMINATION OF EXPERTS

Often we find ourselves most apprehensive about one kind of cross examination – that of experts. Usually it’s because we have learned from experience that this class of witness rarely is there as an objective scientist or qualified expert. Rather, they see their role as co-counsel to the lawyer who hired them. An advocate for the side that paid paid them to become an expert. When you combine that attitude with experience in being cross examined, certain tactics are often developed by…

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DEPOSITION TIPS & AN IDEA ABOUT CROSS EXAMINATION

DEPOSITION TIPS & AN IDEA ABOUT CROSS EXAMINATION

I’m still in Scottsdale undergoing therapy following a failed knee revision surgery so I’ve not kept this current as  I usually do. However,  here are some thoughts about deposition and cross examination for you to consider T. Evan Schaeffer has written a very good outline of deposition practice tips for taking a deposition. “Forgetful witnesses, spotting liars, difficult opposing counsel and more” Written for the less experienced lawyer, it is nevertheless worth reading. See: http://www.jamespublishing.com/articles_forms/civillitigation/deposition_practice_tips.htm I think  lawyers have problems…

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A cross examination reference sheet

A cross examination reference sheet

I like to have a basic outline of ideas for cross examination that I can review at a glance. In addition, I often create a simple one page list of words, phrases or ideas that I might choose to use in cross. You shouldn’t be reading during your cross examination and you need to move with the flow of what is happening so these help lists have to be simple and brief. Here’s an example of a very simple outline from a case where the issues involved the failure…

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