BETTER DIRECTBETTER DIRECT ANDANDBETTER DIRECT BETTER DIRECT AND AND CROSSCROSS EXAMINATIONSEXAMINATIONSCROSS CROSS EXAMINATIONSEXAMINATIONS

Andrea Roberts PiersonIndianapolis Bar AssociationM 28 2010May 28, 2010

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PRESENTATION OVERVIEWPRESENTATION OVERVIEW

• How and whyHow and why

• Determining the scope of direct/cross

• Developing themes

• Eliciting helpful admissions g p

• Techniques for handling the difficult witness

• Witness presentation and impact on jury

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WHAT ARE MY OBJECTIVES?WHAT ARE MY OBJECTIVES?

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TECHNIQUES FORTECHNIQUES FORQQBETTER DIRECT BETTER DIRECT EXAMINATIONEXAMINATION

DIRECT EXAMINATIONDIRECT EXAMINATION

• Be PreparedBe Prepared– Know your witness and his/her secrets– Review publications and prior depositionsReview publications and prior depositions– Investigate the witness – even fact witnesses– Seek assistance from your expertsSeek assistance from your experts– Analyze a witness’s demeanor and style well in

advance– Develop outline– Work from a complete medical chronology

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p gy

DIRECT EXAMINATIONDIRECT EXAMINATION

• Have A Clear PurposeHave A Clear Purpose

• Be BriefBe Brief

• Identify The Tone• Identify The Tone

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DIRECT EXAMINATION

DIRECT EXAMINATIONDIRECT EXAMINATION

• With experts and company witnesses askWith experts and company witnesses, ask about qualifications and experience that mattermatter

• Offer CV after testimony on qualifications, if i d ff iif you intend to offer it

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DIRECT EXAMINATION

• Develop Themes

DIRECT EXAMINATION

Develop Themes

• Use Looping / Speak in ThreesUse oop g / Spea ees

• Listen for Gems

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DIRECT EXAMINATION

DIRECT EXAMINATION

• Anticipate• Anticipate the warts/bulletproofbulletproof your client

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DIRECT EXAMINATION

• Get answers in layman’s terms and ask

DIRECT EXAMINATION

Get answers in layman s terms and ask for clarification

• Ask questions regarding medical records• Ask questions regarding medical records, x-rays, and related documentsE d hi h t• End on a high note

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TECHNIQUES FORTECHNIQUES FORC QU S OC QU S OBETTER CROSS BETTER CROSS EXAMINATIONEXAMINATION

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CROSS EXAMINATION

• Three Golden Rules:

CROSS EXAMINATION

Three Golden Rules: Close ended questions One fact per question One fact per question Only ask questions to which you know the

answeranswer

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CROSS EXAMINATION

CROSS EXAMINATIONCROSS EXAMINATION

• Reinforce three mainthree main facts/points –not all pointsnot all points are knock outs

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CROSS EXAMINATION

• Highlight missing credentials/qualifications

CROSS EXAMINATION

Highlight missing credentials/qualifications

• Challenge bias or prejudices Ties to the profession, industry, party,

etc. $$$$$$$$$$

B h t d d Beware: what goes around, comes around

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CROSS EXAMINATION

• Know the rules of impeachment – Rule

CROSS EXAMINATION

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Three “C’s” – confirm, commit, contradict• Little Mistakes, Dent the Armor – but

don’t get lost in the forest Identify them and move on Identify them and move on

“Begin With The End In Mind”

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LESSONS LEARNED FROM LESSONS LEARNED FROM JURY RESEARCHJURY RESEARCH

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LESSONS LEARNED FROM JURY RESEARCH

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LESSONS LEARNED FROM JURY RESEARCH

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LESSONS LEARNED FROM JURY RESEARCH

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LESSONS LEARNED FROM JURY RESEARCH

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THE ENDTHE END

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