Cross Examinations

Introduction of Cross Examination and Quick Tips to keep in mind

A cross examination is a battle. All the moments you remember from your favourite legal dramas - the victorious lawyer, the devastated witness, the shocked jury, the increasingly exasperated but ultimately begrudgingly applauding judge, they're all from a cross. A cross is a lawyer's time to shine, and a witness's time to stonewall. Will you end up like Elle Woods, or Elle Wouldn't?

During Cross Examination, a lawyer questions an opposing side's witness. The lawyer is a focus of the room, trying to pick apart the story fabricated by our learned friends. A witness, no matter how sympathetic, compassionate, and generally appealing, has skeletons in their closet, and you need to rip it out.

During cross is also generally when people realize they don't actually want to be lawyers. Thank you for making law school admission easier on the rest of us.

Cross examinations should be strategic.

Before every trial, a team should have a theory of the case - that is, what they think happened. Of course, no theory is airtight, else you'd have just taken a plea bargain or had your case dismissed with prejudice. You should identify holes in your theory, holes most likely poked by opposing witnesses who'll say something different than your own, completely autonomous, entirely truthful, never-been-coached witness roster.

These holes are what a cross is for - to plug them. Attack a witness's version of events, their credibility, their thought process, or their motives, in service of your theory. Don't just attack willy-nilly. Your shredding cross won't do much good if they're just about a non-consequential part of a witness's affidavit.

Cross examinations should be sequential.

In cross exams, every question should lead into the next question. Remember, you're allowed to ask leading questions. Ideally, all the witness should say is 'yes' or 'no', and you'll know every time which it'll be. You should have a conclusion you want the witness to reach, and ask questions that inevitably lead to your ending. It might go something like: It was around midnight when the burglars entered? You didn't have any lights on in the house? You've drawn your curtains over the windows? The burglars wore ski masks? So, you couldn't see anything identifying about the intruders.

Note how the last one wasn't even a question. At that point, there's nothing the witness can do except to agree she didn't see anything, and your clients are off the hook to burgle again! Brilliant!

Get ready to impeach.

An impeachment is a demonstration of the unreliability of a witness by proving they have contradicted their affidavit. The affidavit is the sworn statement a witness has given to the court before testifying. It's a script, in a sense, that they can expand upon, but not overrule. Each question in cross should correspond to a line in the witness's affidavit, and you should be prepared to call upon it when the witness answers something you didn't expect.

Once they're impeached, a witness's credibility falls faster than NASDAQ in '08. No one will believe a liar, at least, a liar that's been ousted.

And that's the quick intro on cross examinations! Eager to try it out? Join Evocation for the high stakes and adrenaline rush of crossing in a tournament setting!