The “Art” of the Cross-Examination

By: Law is Cool · January 6, 2009 · Filed Under Law Career · 5 Comments 
Peter Small of The Star has a great article today on cross-examinations.  He interviews several lawyers for tips that can be useful for any aspiring litigator.

He also provides these 10 tips by Irving Younger:

10 COMMANDMENTS OF THE CROSS

  1. Be brief.
  2. Use short questions, plain words.
  3. Always ask leading questions.
  4. Don’t ask a question to which you do not know the answer.
  5. Listen to the witness’s answers.
  6. Don’t quarrel with the witness.
  7. Don’t allow the witness to repeat his or her direct testimony.
  8. Don’t permit the witness to explain his or her answers.
  9. Don’t ask the “one question too many.”
  10. Save the ultimate point of your cross for summation.


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Comments

5 Responses to “The “Art” of the Cross-Examination”

  1. KC on January 7th, 2009 12:00 pm

    Also never ask “why” (although arguably that falls under not allowing the witness to explain his/her answer).

  2. Lawrence Gridin on January 7th, 2009 12:07 pm

    KC: Also rule 3. “Why” is basically the most open-ended, and therefore worst, question one could possibly ask.

  3. Fred T. on January 25th, 2009 8:31 pm

    You must recognise that there is no rule so cardinal as not to allow exceptio. There are exceptions to each and every of the 10 cardinal rules. That is why (presumably) cross is referred to so frequently as an “art” and not a “science”.

    I am a prosecutor, entitled to no disclosure, for example. If I were to follow the 4th commandment, as detailed above, I would have little to ask. Your rules are fine as a foundation for litigation, but the true “art” is knowing when and to what degree to transgress them. I am in doubt that can be put into writing.

    FT

  4. David G on March 7th, 2009 9:47 pm

    In a provincial offence matter in which I represented myself. The JP would not allow me to ask leading questions of the prosecution’s witnesses or put evidence to them that was relative to my case but not put forward by the prosecutor. What do you do then?
    Where does it say that you may ask leading questions of the opposition’s witnesses or put forward evidence to them relative to the case?

  5. Elliott on June 12th, 2009 8:52 am

    Francis Wellman’s classic “The Art of Cross-Examination” fell into the public domain, so I’ve converted it into electronic format and have spent the last week editing and formatting it to make it easier to print out or read online.

    To read it online, just go to: http://www.TheArtofCrossExamination.com

    Best wishes!
    -Elliott

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