Analyze what cross-exam can accomplish and then organize the examination before the witness testifies
Analyze what cross-exam can accomplish and then organize the examination before the witness testifies. Create theme-based “chapters” for the examination.
- A chapter is a controlled inquiry into a specific area. A chapter is a sequence of questions designed to establish a goal question. A chapter advances your theory of the case one goal at a time.
- Identify your goal question.
- Review all materials to see how many different ways that you can prove the goal question. Select the witness.
- Move backwards to a more general point where the witness will agree with your question.
- Draft a series of questions leading to the goal. Start general, and use increasingly more specific questions until you reach your goal question.
- The more difficult the witness, the more general your starting point should be.
- Each chapter has one main point that you will use to directly support your primary argument. If you have more than one main point, you have more than one goal question. Create separate chapters for each goal question.
- The progression creates context and makes the goal fact more persuasive. By using a series of questions you support the goal fact with as much detail and as many supporting facts as you can to ensure the goal fact is believed and understood. One question is not a chapter.