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Tag Archives: Cross-Examination

Ex-Wife Cross-Examines Former Husband – No Squabbling!

20 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Cross-Examination, Divorce, Family Law, Trial Tips and Techniques

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Above the Law, Cross-Examination, Divorce, Joe Patrice

Biglaw Divorce Gets Nasty As Ex-Wife Cross-Examines Former Husband, by Joe Patrice, Above The Law

http://abovethelaw.com/2015/06/biglaw-divorce-gets-nasty-as-ex-wife-cross-examines-former-husband/

It’s hard to imagine a scenario where this was a good idea.

Hydee Feldstein, a retired Sullivan & Cromwell partner, decided to cross-examine her ex-husband Peter Gregora, a former tax litigator at Irell & Manilla, in their contentious divorce case — a case where Feldstein alleges Gregory stole nearly $20 million from her. They say a lawyer representing herself has a fool for a client. Well, Feldstein has outside counsel — indeed counsel from two firms, Miller & Ayala LLP and the Rudd Law Firm — yet it was Feldstein who cross-examined her ex in open court. After reading the resulting train wreck, perhaps there are fools on all sides of Feldstein’s defense. . . .

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Objection! Argumentative!

09 Saturday May 2015

Posted by Celia C. Elwell, RP in Cross-Examination, Direct Examination, Evidence, Making Objections, Objections, Trial Tips and Techniques

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Tags

Cross-Examination, Objections, Paul N. Luvera, Plaintiff Trial Lawyer Tips Blog, Rules of Evidence

“Objection! Argumentative” Is That Really A Valid Objection During Cross Examination?, by Paul N. Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/objection-argumentative-is-that-really-a-valid-objection-during-cross-examintion

An outstanding Seattle plaintiff’s trial lawyer & I have been discussing the common objection made during cross-examination that the question is ‘argumentative’ because  of a trial we  have a common interest in where the  judge  sustains cross-examination questions that directly challenge the witnesses testimony as untruthful where the objection of ‘argumentative’ is made. My position is that cross-examination is confrontational and a testing ground for witness credibility by challenging the witness. I believe that judges who sustain an objection to the confrontation as ‘argumentative’ do not fully understand the function of cross-examination and the rules of evidence. I decided to share my viewpoint for your consideration. . . .

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Plaintiff Lawyer’s Cross-Examination Outline.

27 Saturday Dec 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Trial Tips and Techniques

≈ Comments Off on Plaintiff Lawyer’s Cross-Examination Outline.

Tags

Cross-Examination, Plaintiff Trial Lawyer Tips Blog, Trial Tips & Techniques

A Cross-Examination Suggestion, by Paul Luvera, Plaintiff Lawyer Tips Blog

http://plaintifftriallawyertips.com/a-cross-examination-suggestion

We all have our own way of preparing for cross-examination and for the style we adopt during the process. I thought I’d reprint a section of part of a cross-examination preparation from a drug company products case to give you an general idea of one of the steps I take in preparing for cross-examination. This would represent part of a whole examination and would be part of the preparation. The actual cross-examination could end up in outline form or it might be a stack of exhibits with tags containing ideas.

I’ve publishing it in its gross form before the additional editing and without explaining the significance of some of the outline as it’s simply an example to illustrate one way to prepare for cross-examination. It would be reviewed and revised and finally end up in a brief outline format. This is how I start the process. . . .

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Adverse Witness Direct and Cross-Examination Tips.

16 Tuesday Sep 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Direct Examination, Trial Tips and Techniques, Witnesses

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Adverse Witness, Cross-Examination, Direct Examination, Dr. Ken Broda-Bahm, Persuasive Litigator Blog, Trial Tips & Techniques

Flip the Order of Your Adverse Witness Preparation, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

 http://tinyurl.com/mhz8fes

Excellent related articles at the end of Dr. Broda-Bahm’s post. -CCE

 Let’s say that in trial, your witness will be called adverse and will go through the other side’s cross-examination before getting a chance at your direct.[1]  But in your preparation sessions, you should still take them through your direct examination first. That’s what I call the ‘flipped’ order, and in this post, I aim to make the case for this as the better approach. . . .

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Can Your Witness Stand Up To Cross-Examination?

01 Friday Aug 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Litigation, Trial Tips and Techniques

≈ Comments Off on Can Your Witness Stand Up To Cross-Examination?

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Cross-Examination, Direct Examination, Dr. Ken Broda-Bahm, Litigation, Persuasive Litigator Blog, Witness Preparation

Counterpunch: Ten Ways to Fight Back on Cross, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://www.persuasivelitigator.com/2014/03/counterpunch-10-ways-to-fight-back-on-cross.html

A good witness should not see cross-examination as an argument, but neither should that witness see it as a time to be agreeable and passive with opposing counsel. Because the inherent conflict of cross piques the jurors’ interest, it can be a critical time. The two sides are in direct conflict and the jury has the ability to decide first-hand who seems to be winning at that moment. Given the stakes, it is too dangerous for a witness to just be led along by opposing counsel, comforting themselves with the knowledge that, ‘Well, at least I got to tell my side in direct,’ or, ‘My own attorney will give me a chance to fix all of this in redirect.’ Both are valid comforts, but effective direct and redirect will never completely erase the perceptual losses that can occur in cross. Substantively, the problem might be fixed, but jurors will still remember those moments where the witness looked weak, and that cannot help but influence their perception of your case and of the witness’s credibility.

The way I’ve explained it before is that cross-examination is, for the witness, a polite struggle. ‘Polite’ because the witness can’t afford to come off as too combative or uncooperative — ‘I’m just here to tell the truth…’ should be the tone. But ‘struggle,’ because there is a skilled advocate at the lectern whose job is to, at least for the moment, support his story and not yours. A good witness needs to work against that purpose. Like any advice, the message to fight back’ can be taken too far, or not far enough. It is a matter of balance and practice, and it clearly helps to get feedback during a prep session or two to make sure the communication is assertive but not aggressive. With these considerations in mind, here are ten ways witnesses can maintain their own power while being cross-examined. . . .

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Direct and Cross-Examination – Links, Tips, and Resources.

13 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Child Witnesses, Cross-Examination, Direct Examination, Experts, Making Objections, Trial Tips and Techniques, Witnesses

≈ Comments Off on Direct and Cross-Examination – Links, Tips, and Resources.

Tags

Child Witnesses, Cross-Examination, Direct Examination, Expert Witnesses, Pace Law Library, Trial Lawyers, Trial Practice Skills

Examination and Cross-Examination: Getting the Facts, Trial Practice Skills, Pace Law Library

http://libraryguides.law.pace.edu/content.php?pid=149008&sid=1265851

Links on Direct Examination, Cross-Examination, Examining Expert Witnesses, Child Witnesses, and other related links. -CCE

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Preparing for Expert Witness Depositions.

01 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Depositions, Discovery, Expert Witness, Trial Tips and Techniques

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Cross-Examination, Depositions, Evan Schaeffer, Expert Depositions, Expert Witnesses, The Trial Practice Tips Weblog

Preparing for Expert Depositions by Looking Ahead to the Cross-Examination at Trial, by Evan Schaeffer, The Trial Practice Tips Weblog

http://tinyurl.com/kl6857f

Your preparation for depositions will generally be much easier if you think about the ways the testimony will be used at trial. This tip applies to most pretrial discovery: it’s almost never an end in itself, but something that will be used later in front of a jury. It’s no accident that the ins-and-outs of pretrial discovery often make more sense after a lawyer has witnessed some actual trials. When trials are scarce, even reading trial transcripts helps.

The looking-ahead-to-trial tip can be especially useful for deposing your opponent’s experts. If you often rely on outlines prepared by other lawyers, this method will also help you understand why it’s important to ask the questions lawyers typically ask when deposing experts. . . .

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The Art of Cross-Examination.

28 Monday Apr 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Trial Tips and Techniques

≈ Comments Off on The Art of Cross-Examination.

Tags

Cross-Examination, Paul N. Luvera, Plaintiff Trial Lawyer Tips, Trial Tips & Techniques

Some Thoughts About Cross Examination, by Paul N. Luvera, Plaintiff Trial Lawyer Tips

http://plaintifftriallawyertips.com/some-thoughts-about-cross-examination

London barrister Peter Brown wrote a book some years ago entitled ‘The Art of Questioning.’  In one chapter he wrote: Last summer, a motorcyclist was arrested in Oxford, England, for speeding. The lady prosecutor bore in on the defendant with a curved question:  ‘Mr. Setright, your motorcycle is capable, is it not, of exceeding the 70 mph speed limit? He answered: Certainly it can exceed that limit. But, the possibilities implicit in that physical ability are it relevant to these proceedings. We are not here to consider what I might have been doing, but for the prosecution to prove, if it can, that I was doing what they allege I was doing. Were it otherwise you might just as well be here accused of rape, simply on the grounds that I have the necessary apparatus.’ . . .

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More On Why Lawsuits Are So Expensive.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Damages, Exhibits, Experts, Litigation, Motor Vehicle, Personal Injury, Plaintiff's Counsel, Product Liability, Trial Tips and Techniques, Video Deposition, Witnesses

≈ Comments Off on More On Why Lawsuits Are So Expensive.

Tags

Accident Reconstructionist, Cross-Examination, Daubert Rule, Engineer, Expert Witness, Filing Fees, Personal Injury, Product Liability, Video Deposition

Why Lawsuits Are So Expensive, Pt. II, by Gregory H. Haubrich, Foshee & Yafee, Butter’s Blog

http://greghaubrich.com/2014/02/13/why-lawsuits-are-so-expensive-pt-ii/

In my previous edition of Butter’s Blog, Part I explored why lawsuits are so expensive. In Part II, we are going to break down the costs of getting your case to trial. To get a rough estimate of what your law firm may spend handling the case,  we must first look at what kind of case it is.

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Two Trial Masters, F. Lee Bailey and Kenneth Fishman, Share Tips on Cross-Examination

23 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Cross-Examination, Trial Tips and Techniques

≈ Comments Off on Two Trial Masters, F. Lee Bailey and Kenneth Fishman, Share Tips on Cross-Examination

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Cross-Examination, F. Lee Bailey, Kenneth Fishman, Robert Ambrogi, Trial Tips and Techniques

F. Lee Bailey and Kenneth Fishman on Excellence in Cross-Examination, by Robert Ambrogi, Robert Ambrogi’s LawSites
http://bit.ly/17fFhza

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Comprehensive Discussion of Trial Procedure and Techniques

19 Saturday Oct 2013

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Evidence, Judges, Jury Selection, Making Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

≈ Comments Off on Comprehensive Discussion of Trial Procedure and Techniques

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Closing Argument, Cross-Examination, Direct Examination, Indiana University School of Law, James A. Tanford, Jury Selection, Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

Everything You Ever Wanted To Know About Trial Procedure And Tactics, by James A. Tanford, Indiana University School of Law
http://www.law.indiana.edu/instruction/tanford/web/reference/basictactics.html

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