While witness control is important when cross-examining a lay witness, it is essential when cross-examining an expert witness. One of the best methods to control a witness on cross is to pose short, “one fact at a time” questions designed to slowly but surely make your point for summation. While this is easier said than done, there is a straight forward method to accomplish this goal. To reach this goal, however, a firm understanding of different questioning techniques must be understood.
There are three basic methods to questioning a witness: The first is to ask open-ended questions. The second is to ask what most lawyers refer to as leading questions. The third is to tell the witness the answers and merely seek confirmation from the witness. No doubt exists that the third method will, if done properly, put the attorney in the position of maintaining maximum control of the witness while, at the same time, educating the jury.
Form of Question
