"Every trial lawyer needs some stock cross examination questions to pull out of the bag.  Try these."

(The following form illustrates the forms and advice found in the 700 plus pages of other deposition and trial tips and forms are in the  loose-leaf book Building Trial Notebooks,  sold by James Publishing.  It is a system of organizing for litigation, including depositions and trials, by using a loose-leaf notebook. The system, as sold, includes direct and cross-exam questions and tips for both depositions and trial  The concept of using a trial notebook for trial has been expanded by Bucklin to a trial notebook for handling litigation, from start, through discovery and depositions, to final settlement or trial.)

"Cross-examine" has the dictionary meaning of: "To question (a person) closely, especially with regard to answers or information given previously."  Here are some standard questions you should have thought about and have ready when they are needed...

WHEN THE ADVERSE WITNESS IS SLOW IN ANSWERING, you want to rattle the witness into answering faster, and also tell the jury to suspect the witness because he is taking too long in answering to really be telling the truth. Ask in quick succession:

• Are you thinking of the answer to give?

• Did you hear the question?

• Did you understand the question?

• Are you trying to think of the best answer to give?

• Don’t you want to answer the question?

CROSS EXAMINATION ON DISCREPANCY FROM DEPOSITION.

• Were you examined under oath on (date) at (place)?

• Your attorney was present? Court reporter?

• Sworn to tell the truth? Your attorney had prepared you for the depositions?

• I’m going to read a question and an answer. Was this question then asked of you and did you give this answer? . . . . . . . ?

•  Did I read that correctly?

• Optionally, at this point you you can turn to the judge and offer the question and answer into evidence as an admission under the evidence rule regarding exceptions to the hearsay rule.  Whether or not you do so, you can continue with the following questions.

• Did you sign the deposition, saying it was true?

• Is your memory of the accident better today than it was on (date of depositions)?

• Let me read that question and answer back to you. Listen to it carefully, and then I will ask you a question about your answer [read question and answer] Was that answer true when you gave it?

To EMPHASIZE WRITTEN MATERIAL, ask:

• Did I read that correctly?

WHEN WITNESS ADDS AN ARGUMENT, point out that it was an argument, and not a fact, by quickly saying something like either one of the two following items.

• That is for the jury to decide.

• Your attorney can do the arguing, I want facts from you. If you do not have a fact to answer with, just tell us you do not know. Here is my next fact question. "........."

TWISTING THE KNIFE: TO EMPHASIZE A POINT, you can get the same answer repeated to the jury a couple of times, by asking:

• You have testified that " . . . "

• Do you want to change your testimony?

• Is your testimony true that " . . . "?

Or for variety, ask:

• So, it is a fact that " . . . "

• No question about that, is there, that " . . . ?"

WHEN YOU CANNOT CROSS-EXAMINE BECAUSE IT IS A TRUTHFUL, GOOD ADVERSE WITNESS WITH ROCK HARD TESTIMONY, BUT YOU NEED A QUESTION, to give the impression that you were not overwhelmed by the witness, you almost always can ask:

• Did you say that it IS a fact that " . . . X. . . . ?" (X being a fact which was helpful to your case, or at least neutral in his testimony against your client.)

TO EMPHASIZE GOOD TESTIMONY say: (This works with your own witnesses, as well as with adverse witnesses.)

• Will you please look to the jury, because they want to get all of this.

MIXING A WITNESS UP ON DISTANCES OR FIGURES. There is an old standby to make the jury think the witness has no real accuracy. When a witness has said "9," you almost always can get to them to say "it could have 8 or it could have been 10." Ask: "You have testified to a distance of 100 feet. Could it have been 110 feet? 118? Could it have been 82 feet? 72?"