![]() The next closing frame is, “ What is this case about?” This frame is where you discuss the verdict form and jury instructions with the jury. Categorize the flashcards into defendants’ top three arguments and use the remaining arguments for cross-examination during depositions. You will end up with about 30 or more flashcards representing defendants’ arguments. I start with frame: “ What do defendants want to make this case about?” Fill this frame with evidence of all the possible arguments defendants will make in their case by writing each argument on a flashcard. I use about six or seven frames in all closing arguments. The starting point of cross-examination is your closing argument, which should mirror the opening statement. Use closing arguments to prepare cross-examination ![]() Setting up your cross-examination in discovery is crucial. Preparing for cross-examination starts with the evidence you want to argue in closing arguments, then opening statements, and ends with trial. Only through discovery will you have the evidence you need for cross-examination. Extract the evidence you need for your closing argument and opening statement in the discovery process. ![]() From the very beginning of the case, think about the closing argument you want to make at trial and frame the case from that perspective. ![]() The “correct answer” comes from the discovery. The correct answer is what your audience has already decided is the “correct answer.” Therefore, you need to precondition the jurors during your mini-opening, voir dire, and opening statement about what the correct answer is, so they can agree and relate to the answer during cross-examination and closing arguments. It is a time-pressured examination with only one correct answer. Cross-examination is like taking the California State Bar. Setting up your cross-examination starts in discoveryĪ prepared cross-examination will be short, have all the answers to all the questions, and tell the theme of your case and story you want to tell the jury. A common life experience combined with a betrayal story usually results in justice. The best themes are those that make jurors reflect on common life experiences. The theme of your case needs to be integrated and repeated in the mini-opening, voir dire, opening, direct, cross and closing. ![]() It should flow with the theme of your case and story you are telling jurors. This means you have to work a lot harder to prepare for cross-examination.Įffective cross-examination requires thorough preparation. Every time you score a point with a favorable witness, such as your own expert or plaintiff, it only counts for half a point. Nonetheless, every time you score a point on cross-examination, such as with an adverse expert, defendant or witness, it counts for two points. Cross-examination is about obtaining results, not just impeaching. It is not a battle with the witness, but rather, an opportunity to develop your theme and tell your story through witnesses that belong to your opponent. Most lawyers would agree: “Questions on cross-exam solicit a verbal request for admissions.” This is the lawyer definition of cross-exam, but there is more to cross-exmaination than soliciting requests for admissions.Ĭross-examination can be taught, learned, and practiced. ![]()
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