The length of your cross examination will generally depend on how many of the above goals you expect to be able to fulfill. Statements made at a prior court proceeding are generally admissible if the witness later becomes unavailable.
The hardest part of crossing a witness is witness control. If you already know the explanation, you should use leading questions to tell it to the witness.
Prepare to Respond to Objections The best way to prepare to respond to objections is to rehearse your mock trial and have a classmate make objections during your direct examination. You will often stand to lose more than you can gain by overreaching.
Following the basic rules of cross examination is a good start toward achieving witness control. Most others are of the sort that will be most valuable if conceded by the defendant himself.
A hostile, evasive, or argumentative witness may require you to employ more assertive means, however. Left in the last three months?
Is it true that you have never finished work as early as 3: Lay the Foundation for Your Questions If you have an expert witness, you will need to establish his or her qualifications before they can render an opinion.
It is thought that person in such a state would be in no shape to concoct fabrications, and thus most be telling the truth. Long questions have an almost limitless capacity to deprive a cross examiner of witness control and to be easily forgotten or misunderstood. An inattentive lawyer might have interpreted that answer as a denial or otherwise let it go by.
However the nurse may not quote the patient as to who, in particular, caused the injuries. Your parking garage was located three blocks from your office, correct? You need to elicit or establish certain facts that he or she wants to use during their closing argument.
Also, remember that reliance on notes will harm your ability tomake eye contact and to use movement for emphasis. There is one rule that applies to cross examinations in actual trials that is not discussed here. In fact, it is often best to leave the sentence in the form of a declaration, technically making it a question through voice inflection or by adding an interrogative phrase at the end.
Left sometimes asks you to work after 5 p. You left my home at 7: The possibilities are endless.
With a cooperative witness, this may mean nothing more than asking the right questions and getting the right answers. The following questions are about parenting, and are based on the case of Angela and James Smith, whose case also appears in our sample affidavit.
First you must cross Randolph? The answer is preparation. Read through your case file thoroughly until you are confident of what testimony the witness must provide.
Today, mock trial competitors have lots of examples online for direct examination. The easiest objections to raise during cross are to the form of the questions asked. See our fact sheet Present your evidence in Supreme Court.
The question is compound and counsel should be forced to rephrase it. See our earlier post on leading questions. Hearsay is a complex system of rules and exceptions to rules that come from ancient England and that are embodied in our evidence rules.
By saving the ultimate point for final argument, you ensure that the witness will not be able to change or add to the testimony. Only teams that are atrocious use filibustering as a technique. Thus, although you cannot prevent opposing counsel from objecting during your cross, you can make doing so more challenging.
Short, single-fact, propositional questions enable attorneys to keep control of witnesses during cross examination. Once you have verified the document with the witness, you must enter it as an exhibit and pass a copy to the judge.
By asking questions in proper form, you force opposing counsel to object to the substance of your questions, which is a much more challenging task.This Pin was discovered by Ms Waters.
Discover (and save!) your own Pins on Pinterest. Older students can be assigned to write direct questions for a witness individually or in small groups.
It is always helpful to invite a lawyer, law student, or someone in a law-related field when you begin writing your Mock Trial. Step Writing the Cross Examination Questions A.
How to write cross examination questions Each direct examination is followed by a cross examination. During cross examination the Re-direct and re-cross are not required aspects of the mock trial tournament and student attorney scores will not be lowered for failure to conduct re-direct or re-cross.
MOCK TRIAL PART VI - CROSS EXAMINATION by M. Donna Ross First, write out all anticipated questions word-for-word. Then, use the inside of one manila folder for each witness and write one word working on a book on Mock Trial.) sive to a question, then: a.
Let him babble on, then b. Complete the answer for him. High School Mock Trial Tournament Whether orally or in writing, lawyers should avoid vulgar Student-attorneys should be equally familiar with their roles (direct examination, cross examination, opening and closing statements).
Student attorneys should practice direct and cross examinations.
Cross-Examination of Diana Simpson. Cross-Examination of Diana Simpson (Defendant Driver) Cross Examination Tips; Sample Trial Materials (sample trial transcripts, etc.) Attorney Help Center (soup to nuts handling of personal injury cases)5/5.Download