In general, you can't ask your own witness a leading question, but you may do so toward a hostile
witness on cross examination.
Consequently, when a client urges the necessity of my destroying an opposing
witness on cross examination, I respond that the backlash from destroying the opposing witness can be much more harmful than my telling the defense story through cross examination, bringing out important evidentiary points, and defanging the opposing witness's testimony.
Not exact matches
The jury does pay attention to
witnesses when they're in the
witness chair, not only
on the substantive responses to a question but the body language, the demeanor, and how they respond to
cross examination by the other side's lawyer.
At the resumed trial of Dasuki
on charges of unlawful possession of firearms, the government
witness, Mr. Samuel Ogbu who was under
cross examination confirmed no incriminating items was found in the guest house.
When Whitney got back, McGahay said he wanted to stage courtroom - type proceedings to rule
on the signatures, including the
cross examination of
witnesses, a procedure that is beyond the scope of the board, she said, and something that is, in fact, illegal.
Although prosecutors appeared to be caught by surprise by Thursday's admissions, the U.S. attorney's office said Friday that Howe would be back
on the
witness stand Monday for further
cross examination.
NEW YORK CITY — Prosecutors in the corruption trial of Joseph Percoco were expected lobbyist Todd Howe to testify
on Thursday, but the
cross examination of other
witnesses means Howe will not testify until next week.
Defence counsel
on Tuesday declined
cross examination of a prosecution
witness in the ongoing trial of Femi Fani - Kayode facing charges of money laundering before a Federal High Court, Lagos.
The court
on April 25 adjourned the matter for
cross examination after the testimony of the first prosecution
witness, Mr. Victor Ehiabhi.
On cross examination, plaintiffs» attorney Marcellus McRae tried to chip away at the heft of Fraisse's testimony by having the
witness concede that the districts he led were relatively small with few schools and had student populations that were largely white, with much smaller percentages of blacks and African Americans.
When one environmental public interest group called a university professor to speak in opposition to the proposals based
on his belief that development of this nature is inimical to Aboriginal culture,
cross examination of this
witness by a representative of the Nisichawayasihk Cree illustrated the professor's lack of specific knowledge of the Nisichawayasihk Cree, their culture and their physical environment.20 In the result, his testimony was given little or no weight by the Commission in its report.
Now however, recalling how most litigants love to blame their attorneys for false or ridiculous interrogatory answers, I hold back at first
on my
cross examination and only show the
witness the interrogatory answers.
It seems undeniable that in a trial, if one of the lawyers spends 80 or 100 percent of his or her
cross - and direct -
examination time arguing his or her case through the window of the
witnesses on the stand and the opposing attorney using traditional methods gives up the opportunity to argue the case during direct
examination (and as a result is able to argue his or her case through the window of the
witnesses on the stand only 50 percent or less of the time), the first lawyer will have the advantage.
The Doyle Inn would like to invite you to a training focusing
on the successful
cross examination of
witnesses at trial in civil cases.