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Category: Cross

THE CHALLENGE OF CROSS EXAMINATION.

THE CHALLENGE OF CROSS EXAMINATION.

Young lawyers tell me the two most difficult areas for them in trial  are jury selection and cross examination. It’s really a matter of experience, however. As for me, those are the two most enjoyable and rewarding things I do during a trial. There is a huge amount written and taught about cross examination. Here a couple of subjects about cross  examination for  you to consider written with basic fundamentals in mind. THE FIVE STEPS OF PREPARATION FOR CROSS EXAMINATION  Great cross examination…

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GERRY SPENCE WITNESS EXAMINATION EXCERPTS

GERRY SPENCE WITNESS EXAMINATION EXCERPTS

 In 1985, a man was shot dead on a rural road in Lincoln County, Ore. A teenage boy and his mother were indicted for the crime. Gerry Spence took on both cases for the defense pro bono and faced off against a young prosecutor named Joshua Marquis in the juvenile’s trial; the attorneys did not take a shine to each other. So contentious was the trial that they both ended up before the Oregon State Bar. A special report in…

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“OBJECTION! ARGUMENTATIVE” IS THAT REALLY A VALID OBJECTION DURING CROSS EXAMINTION?

“OBJECTION! ARGUMENTATIVE” IS THAT REALLY A VALID OBJECTION DURING CROSS EXAMINTION?

An  outstanding Seattle plaintiff’s trial lawyer  & I have been discussing the common objection made during cross examination that the question is “argumentative” because  of a trial we  have a common interest  in where  the  judge  sustains cross  examination questions that directly challenge the witnesses testimony as untruthful where the objection of “argumentative” is made. My position is that cross  examination is confrontational and a testing ground  for  witness credibility by challenging the witness. I believe that judges who sustain  an objection to the…

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