Cross-Examination Tips

Cross Examination

The main goals should be to confront the witness about internal and external inconsistencies in their evidence, implausibilities, and any other allegations you intend to advance and want the judge to consider.
Secondary goals should include having them confirm evidence that you present as part of your case;

develop a theory for your position;
develop anticipated theories of the opposing side;
Review statements and documents for significant evidence that is inconsistent with the anticipated evidence of the witness;
Do not needlessly cross a witness in the hope that new information will arise;
Avoid exploring minor inconsistencies or implausibile statements that hurt your position without direct contradiction.
Consider the importance or value of the contradiction:
- An accused who lies to police about minor points is relatively low value. Only limited time should be spent on that.

do not present yourself like someone you are not, your cross "persona" should be an authentic part of yourself;
do not rush and get comfortable with silence and use it to through your questions carefully;

Be exceedingly fair to the witness at all times, irrespective of how hostile they are;
Do not move on to the next question until you are satisfied you got an answer to your question. A minority of answers from a witness are complete answers.
Use silence to extract better answers;
Develop a repertoire of responses when confronted with combative, non-responsive, accusative, or evasive witnesses;