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 During cross-examination, controlling a witness is crucial, especially when they employ evasive tactics. Here are six effective techniques to manage this situation, each increasing in confrontational tone, tailored to the witness’s level of evasiveness.Establishing Agreement: Start by encouraging the witness to answer simply with “yes” or “no.” For example: “Dr. Best, can we agree

 F. Lee Bailey cross-examining Mark Fuhrman in the O.J. Simpson caseThis article delves into the intricacies of Federal Rule 613 or its state rule counterpart, which governs the use of prior inconsistent statements during cross-examination, and provides techniques for effectively impeaching a witness with a prior inconsistent statement. Additionally, it offers two notable cases

 Here’s something new – preparing a compelling cross with ChatGPT. Recently, I came across LawStory – a newsletter by Keeley Blanchard, Trial Consultant.  Here is her summary of what her training session will feature:”LAWYERS:”Learn how to create a creative and compelling cross examination using ChatGPT. The workshop will include:• step-by-step instructions on how to

 At Seattle University Law School I teach an online course entitled “Visual Litigation and Today’s Technology”. Cross-examination visuals are featured because they can be extremely powerful weapons for cross-examination. They can be used to gain concessions either supporting your case theory or undermining the other side’s case theory. Visuals can also be very effective for

A checklist can be a survival guide.  Checklists are critical to pretrial and trial work. To illustrate the importance of checklists, Dr. Atul Gawande tells the true story of an October 30, 1935 airplane flight competition that the U.S. Army Air Corps held at Wright Air Field in Dayton Ohio to determine which military-long range