In direct examination, you are directing the witness, with the witness being permitted to answer in narrative form. In cross examination, you are leading the witness, with the goal of the witness giving a monosyllabic answer of "yes" or "no." Stated otherwise, direct examination builds, while cross examination leads. If performed correctly, in direct examination, you guide the witness; in cross examination, you control the witness. Because of this, the lawyer’s skill at cross examination is essential to persuade the judge of your position.

Looking at cross examination as a communication and persuasion contest involving the lawyer, the witness, and the trier of fact, this logical, clearly presented book explains how effective cross examination skills can advance your cause while also weakening the position taken by the opposing side. Topics include:



The commandments of cross examination

When not to cross examine

Principles of primacy and regency

Modes of impeachment

Types of cross examination

Verbal and body language

Adversarial parties as witnesses

Collateral evidence rule

The "I don't remember," "I don’t know" witness

Closing the escape hatch

Preparing your witness for the cross examination

Dealing with objections

Cross examining experts, and more