Have you thought about what the possible objectives are in cross examination? Often times we have not thought out the possible avenues we could take in cross examining a witness. Here for example are some of the objectives one might have in cross examination: To establish the witness is not telling the truth on one or more material points. To show that the witness is biased and has a motive for coloring the testimony. To show that the testimony is improbable….
Today I’m sharing an excerpt of my cross examination of one of the medical experts the defense called in my last trial. I am sorry the format is not perfect, but transferring it from the transcript to here was a problem. The reason I am showing you this is because it is an example of what I would call a “soft cross examination” of a defense expert on a collateral attack. The point is to demonstrate his bias and lack…
One expert I started to prepare cross examination for in my most recent case was never called. She was to testify that the reported cases to the company about patient airway fires weren’t enough to require the manufacturer to do anything and that the instructions provided with the tube were adequate to advise the doctors (who never bothered to read them). I wanted to show the doctors were also negligent for not reading the instructions. In anticipation of this defense witness I…