Basic Building Blocks
In this episode of Mock Trial Flight School, Brian Bellamy discusses the fundamental building blocks for cross-examination of witnesses in a trial or mock trial setting. The discussion covers three critical aspects of a competent witness cross: organization, persuasion, and style.
1. How to organize the cross-examination persuasively and logically
- arrange around the big points supporting the case theory
- gain admissions of key facts
- avoid repeating direct examination
2. How to make the cross-examination more persuasive
- limit to points that support your case theory and theme
- limit to questions you know the answer to and avoid fishing
- plan fishing questions carefully so that jury will not notice
- use leading questions only
- don’t ask for opinions or conclusions
- ask for one fact at a time
- avoid trivial matters
- use simple language
- ask short questions
- build in bits
- torture key points
- use headlines
- be brief and concise
3. How to have an exciting and dynamic style
- as an attorney on the cross, you are the STAR – don’t give the witness center stage
- maintain eye contact with the decision-maker(s)
- use a dynamic voice and tone appropriate for the facts
- use beneficial gestures
- avoid reading questions, work from an outline – or, preferably, prepare so well that you don’t use any notes – especially in a mock trial
- don’t be cross (i.e., mean), remember honey attracts more bees.