Mastering Cross-Examination: How to Control Difficult Witnesses with Confidence
Cross-examination is one of the most powerful tools in a trial attorney’s arsenal. But what happens when a witness becomes evasive, long-winded, or outright difficult? Controlling such witnesses requires skill, patience, and a strategic approach. In this post, we’ll explore insights from military defense lawyer Michael Waddington’s video Kick-Ass Cross Exam Technique 9: Controlling Difficult Witnesses on Cross-Examination, breaking down his proven method to maintain control and keep your case on track.
Why Controlling Difficult Witnesses is Crucial
Witnesses who ramble or evade answering questions can derail the flow of cross-examination, confuse the jury, and weaken your position. Especially in high-stakes cases—such as military sexual assault, false accusations, or white-collar crimes—effective control over witnesses can make the difference between winning and losing.
Michael Waddington, renowned for defending serious criminal cases in Florida, federal courts, and military tribunals worldwide, emphasizes that controlling a witness is not about intimidation but about maintaining clarity and focus. This ensures the jury understands the facts as you present them.
Technique #9: The Art of Asking “Are You Finished Yet?”
Waddington’s ninth cross-exam technique is deceptively simple yet highly effective: when a witness starts to ramble, interrupt politely but firmly by asking, “Are you finished yet?”
Consider the example Waddington provides. When a witness starts giving an irrelevant and long-winded explanation—about a busy bar, a late night, missing staff, broken entrances, and even raccoons stealing hot dogs—the attorney cuts through the noise with a calm, controlled question: “Are you finished yet?”
This question serves multiple purposes:
- Regains control: It signals to the witness and the court that the attorney is steering the conversation.
- Prevents evasion: It discourages witnesses from dodging the question or providing unnecessary details.
- Focuses the record: It allows the attorney to bring the witness back to the specific point relevant to the case.
Why This Technique Works
Cross-examination is a delicate balancing act. You want to appear respectful and professional while firmly controlling the narrative. By asking, “Are you finished yet?” you maintain courtroom decorum without allowing the witness to monopolize the floor.
This approach also highlights the attorney’s preparedness and confidence. It underlines that you are not afraid to interrupt when necessary—a critical skill when dealing with witnesses who may try to overwhelm the jury with irrelevant information.
Additional Tips for Managing Difficult Witnesses
While Waddington’s technique is powerful, effective cross-examination often requires a multi-faceted approach:
- Preparation: Know your witness’s testimony inside and out. Anticipate evasions and prepare concise, pointed questions.
- Stay calm and composed: Difficult witnesses may try to provoke or frustrate you. Maintaining composure strengthens your credibility.
- Use closed-ended questions: Questions that require a simple “yes” or “no” limit the witness’s ability to stray off topic.
- Pause for effect: Silence can pressure witnesses to answer succinctly.
- Repeat or reframe questions: If a witness dodges, calmly ask again or rephrase to clarify.
Context: Why Military and Criminal Defense Cases Demand These Skills
Michael and Alexandra Waddington specialize in tough cases like military sexual assault under Article 120 of the UCMJ, false accusations, and complex criminal defense matters. In these arenas, witnesses can be especially challenging—whether due to the sensitive nature of the allegations, high emotions, or attempts to manipulate testimony.
Mastering control over witness testimony is vital to ensuring a fair trial and protecting the rights of the accused. It also helps to prevent the court record from becoming muddled with irrelevant or misleading information.
Conclusion: Take Control and Win Your Case
Controlling difficult witnesses during cross-examination is a skill every trial attorney should master. Michael Waddington’s technique of asking “Are you finished yet?” provides a simple yet effective tool to maintain control, focus the testimony, and convey confidence in the courtroom.
Remember, cross-examination is about precision and discipline. By preparing thoroughly and using strategic interruptions, you can keep difficult witnesses in check and present your case in the strongest light.
If you or a loved one faces serious criminal accusations, especially in military courts, experienced legal counsel like Michael and Alexandra Waddington can provide aggressive and knowledgeable defense. Contact their firm, González & Waddington, LLC, for expert assistance.
Learn More:
- Watch the full video: Kick-Ass Cross Exam Technique 9: Controlling Difficult Witnesses
- Visit ucmjdefense.com for legal resources and consultations.