Categories
Civil Litigation Criminal Law Evidence Legal Topics Litigation Strategy Trial Strategy

3 Times Not to Ask Leading Questions on Cross

attorney questioning witness during cross-examinationLeading questions are the main tool of the cross-examiner—they tell a witness how to answer by suggesting an answer. See Evid C §764. But you should also know when using leading questions on cross-examination isn’t the best technique.

Categories
Evidence Legal Topics Litigation Strategy Trial Strategy

Before You Cross-Examine, Write This Down

“The toughest part of being a trial attorney, whether criminal or civil, is pulling off an excellent cross,” says Toni Messina in her article for Above the Law. So, if you’re a new trial attorney, or it’s been a while, it’s natural to be nervous about an upcoming cross-examination. An excellent way to calm your nerves and set yourself up for success is to write down virtually all of your questions and related information in advance. Here’s what to write.