The "Ten Categories Cross" (of an expert).
There are ten categories of cross examination questions that you can almost
always use in cross-examining an expert witness in front of a jury.
Use a form to think and organize. Think and organize what you can do in each of the ten categories. Download
the complimentary (no charge to you) "Ten Categories Cross" (of an
expert) form at the link below. Jot down, in the spaces provided in the form, your notes for questions
each in these ten categories. Using the form not only will direct
your thinking, but also encourage you to think more creatively. When you look at
your notes, your cross examination may build itself!
The ten categories include these four:
Show the witness has limits on his qualifications. (E.g., "You never have treated a case of Pott's fracture.....You have just
read about the way to do it.!")
Do a peripheral cross-examination about the nature of his/her science
and its defects. (E.g., "Economists guessed wrong in 2006 for what
interest rates would be in 2009. ... The number
you stated for the future interest rate is not a number you can guarantee,
because economics is not an exact science.")
Show the witness does not have some facts. (E.g., "You did
not know Jones talked to Smith, and you did not know whether Smith ever had
a memo on the subject..... Even without
finding out the things you did not know, you were ready to give an opinion
and collect a fee.")
Make it seem that the expert is conceding some points; confirm points of
our expert. (E.g., "You agree with our expert that the
coefficient of friction of this floor was...." "So you agree with us
that the coefficient of friction of this floor was ....")
is designed to be printed and placed in your trial notebook, ready for those
times when you need to build a cross-examination quickly during a trial. This is a short form in your trial notebook, but it can be a
real help to make your cross-examination better in times of stress during trial.
!No charge to
you, BUT this
copyrighted and should not be reproduced for others.
a different subject (deposition not trial): If you are looking for a question
deposing an adverse expert witness, see our 15-page
question checklist #EX0804 -
Deposition Questions Adverse Expert.
If you are looking for other forms and outlines regarding expert
witnesses, then browse starting at the Expert Witness
legal forms main page
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