Mastering Cross-Examination: How to Control Difficult Witnesses with a Simple Technique

In the high-stakes world of trial law, few moments are as pivotal as cross-examination. It is during this phase that attorneys have the chance to challenge witness testimony and uncover the truth. However, when witnesses become evasive, hostile, or uncooperative, controlling the narrative can feel like an uphill battle. Military defense lawyer Michael Waddington shares an invaluable cross-examination technique that every litigator should know: the power of repeating the question.

Introduction: The Art of Controlling Difficult Witnesses

Cross-examination isn’t just about asking questions—it’s about maintaining control. Difficult witnesses often attempt to dodge questions, provide nonresponsive answers, or flood the record with extraneous information. This tactic can frustrate judges, dilute the impact of your questions, and ultimately weaken your case. But there is a straightforward method that helps keep these witnesses in line and preserves your credibility as an attorney: simply repeat your question.

Understanding the Technique: Repeat the Question

At first glance, repeating a question might seem overly simplistic or even tedious. However, as Michael Waddington explains, it is a highly effective strategy when used correctly:

• Ask one new fact per question: Each question should focus on a single, specific point to avoid confusion and maintain clarity.
• Make it leading and simple: Use straightforward language that guides the witness toward a specific answer.
• Repeat the question verbatim: When the witness evades or provides an irrelevant answer, calmly repeat the exact question to emphasize its importance and highlight the witness’s non-responsiveness.

For example, Waddington demonstrates this with a hypothetical accident scenario:

Attorney: At the time of the accident, you were talking on your phone.
Witness: Actually, my phone was connected through CarPlay.
Attorney: Repeat: At the time of the accident, you were talking on your phone.
Witness: Like I said, my phone was hands-free.
Attorney: Repeat: At the time of the accident, you were talking on your phone.
Witness: I was more listening to my friend vent. Her boyfriend had just dumped her.

This exchange can continue indefinitely, but the key effect is clear: the witness appears evasive and uncooperative, which diminishes their credibility in the eyes of the court.

Why Does Repetition Work?

Repeating the question serves several critical functions during cross-examination:

1. Maintains focus: It prevents the witness from steering the conversation away from the point at hand.
2. Highlights evasiveness: Consistently repeating a question when the witness dodges it draws attention to their lack of responsiveness, undermining their reliability.
3. Controls pacing: It slows down the interaction, forcing the witness to directly address the question rather than delivering rehearsed or rambling answers.
4. Signals confidence: It conveys to the judge and jury that you are in control and confident in your evidence and questioning strategy.

Additional Context: Using This Technique in Military and Civilian Cases

Michael Waddington, an experienced military defense attorney, has applied this technique across a wide range of cases involving military courts, including serious charges like Article 120 UCMJ offenses related to sexual assault. Whether defending clients in military courts worldwide or in civilian state and federal courts, this method has universal applicability. It is especially useful when dealing with hostile witnesses who may have a vested interest in evading the truth.

Moreover, this technique supports building a strong, credible record that judges and juries respect. In lengthy trials, witnesses who repeatedly avoid direct answers risk losing all credibility, which can sway verdicts in favor of the defense or prosecution.

Practical Tips for Attorneys

To maximize the effectiveness of the “repeat the question” technique, keep these tips in mind:

• Stay calm and composed: Repetition should not come across as aggressive or impatient but rather as a professional insistence on clarity.
• Vary your tone subtly: Use emphasis to keep the witness engaged without sounding robotic.
• Know when to move on: If a witness continues to evade, consider other strategies like impeachment or seeking judicial intervention.
• Practice precision: Craft your questions carefully to ensure they are leading and focused on one fact at a time.

Conclusion: Elevate Your Cross-Examination Strategy

Controlling difficult witnesses is a challenge that every trial attorney faces. Michael Waddington’s simple yet powerful technique of repeating the question can transform the way you handle evasive testimony. By maintaining focus, exposing evasiveness, and asserting control, this method not only strengthens your cross-examination but also enhances your overall courtroom presence. Whether you’re a seasoned litigator or new to trial work, adopting this approach can help you level the playing field and advocate more effectively for your clients.

For those dealing with complex cases, especially in military or sexual assault defense, mastering such techniques is crucial. To learn more about effective defense strategies or to consult with experienced criminal defense attorneys, visit UCJ M Defense or call 1-800-921-8607.

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