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.

Civil Litigation Legal Topics Litigation Strategy Trial Strategy

When It’s OK to Lead on Direct

court_57280447Litigators learn early that you can’t use leading questions during direct examination. But that’s not always true. You can ask leading questions on direct or redirect examination in certain “special circumstances where the interests of justice otherwise require.” But what circumstances are those?

Civil Litigation Criminal Law Legal Topics Litigation Strategy

3 Alternatives to Objecting

When it comes to a jury trial, counsel’s persuasiveness depends to a large degree on his or her credibility, i.e., whether counsel seems to be “playing fair” and not trying to hide the facts. Making too many objections can undermine that credibility, because jurors may believe that an attorney who constantly raises objections is trying to keep them from learning the truth by throwing technical roadblocks in the opponent’s path. When making yet another objection risks the ire of the jury, consider these three alternatives.