Cross Examination: A Primer for the Family Lawyer

In direct examination, you are directing the witness, with the witness being permitted to answer in narrative form. In cross examination, you are leading the witness, with the goal of the witness giving a monosyllabic answer of "yes" or "no." Stated otherwise, direct examination builds, while cross examination leads. If performed correctly, in direct examination, you guide the witness; in cross examination, you control the witness. Because of this, the lawyer's skill at cross examination is essential to persuade the judge of your position.

Looking at cross examination as a communication and persuasion contest involving the lawyer, the witness, and the trier of fact, this logical, clearly presented book explains how effective cross examination skills can advance your cause while also weakening the position taken by the opposing side. Topics include:

• The commandments of cross examination

• When not to cross examine

• Principles of primacy and regency

• Modes of impeachment

• Types of cross examination

• Verbal and body language

• Adversarial parties as witnesses

• Collateral evidence rule

• The "I don't remember," "I don't know" witness

• Closing the escape hatch

• Preparing your witness for the cross examination

• Dealing with objections

• Cross examining experts, and more