The U.S. Supreme Court has recognized that cross-examination is “the greatest legal engine ever invented for the discovery of truth.” See California v. Green, 399 U.S. 149, 158 (1970). An effective cross-examination is no simple feat, even for the experienced litigator. Preparation is paramount and, when coupled with a deep knowledge of the applicable evidentiary rules, success will come. This article provides a treetop overview of the art of cross-examination for both the young attorney and experienced litigator to keep at the forefront of their mind during cross examination.

A Primer for Cross-Examination

The examination of a witness on cross is designed to evince doubt as to the truthfulness of the witness’s testimony, particularly with respect to issues at the center of the case. Generally, questions posed during cross-examination must be related in some manner to the issues or topics raised during the witness’s direct examination. Open-ended questions are frequently used on a direct examination to allow the witness to fully explain and elaborate on an answer. On the other hand, litigators try to ask leading and straightforward questions during cross designed to elicit, if possible, one or two-word answers or agreement with the questioner’s proposition. See e.g., Fed. R. Evid. 611(c)(“Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony.”). The use of open-ended questions creates risk by permitting the witness to clarify or qualify a response or to reinforce prior favorable testimony. A narrative directed by the attorney through leading questions should be the focus of any cross-examination.

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