Know your case and the witness well enough to be able to adjust your cross-examination approach on the fly; Use the technique of looping. An overly long and confusing cross-examination runs the risk of boring the judge and the jury and, perhaps most critically, could end up hiding the most important points of cross-examination. What about the defence expert – do you want your witness to follow straight on, ‘back-to-back’, which is in vogue at the moment. Post Office Box 161 . What works for one expert, or ALJ, may not work for another. A key point to discredit expert witnesses is … 1 4612 Shoal Creek Blvd., Austin, TX 78756 • 512.407.9020 (phone and fax) • DAUBERT QUESTIONS FOR EXPERT WITNESS 1. Asking questions which allow the jury to see that the witness is not as credible as Following are sample transcripts that include the state's direct examination as well the defense attorney's cross-examination of state experts.Before conducting the cross-examination of an expert witness, the criminal defense attorney must become an expert in forensic … The cross-examination of the prosecution expert may … examination of fact witnesses will differ from that of expert witnesses but a prosecutor’s goals remain the same. Example This requires counsel to exercise judgment. Expert Witnesses need to be effective when questioned by opposing counsel during cross-examination. CROSS EXAMINATION OF AN EXPERT WITNESS IN A CHILD SEXUAL ABUSE CASE . Durham, NC 27702 (919) 680-6249 . Attack the Expert’s Qualifications. Manner in which you cross-examine. The ideas in this outline are meant as a guideline, to provide food for thought and not Remember - the practice of law is an art, and cross-examination of witnesses is definitely an art. Looping is when you take a previous fact admitted by a witness and weave it into subsequent questions for effect; Still, only establish one new fact per question Practice double and triple loops. Where the theory of the cross-examination is that the witness is intentionally attempting to mislead the jury, then exposing the reason for the witness’ deception, i.e., his bias, is a crucial goal of the cross examiner. EXPERT QUALIFICATIONS: Choosing the type and form of cross-examination, therefore, should be done in Expert Witness Cross-Examination Questions And Areas of Inquiry SEAK, Inc. Mark Montgomery . party. Direct Examination of expert witnesses typically follow some variation of the following form: First ask questions about the expert’s background and qualifications; Some competition rules require you to request that the witness be qualified as an expert – to do so you ask the judge that the witness be qualified as an expert in _____. Excerpted from the SEAK, Inc. text, The A-Z Guide to Expert Witnessing ©2006 SEAK, Inc. FREE Whitepaper: The 21 Golden Rules of Testifying on Cross Examination. The cross-examination of an opponent’s expert witness is often an intimidating prospect, particularly in an era when civil trials are becoming less frequent and counsel have little opportunity to practice and develop cross-examination skills and techniques. There are both advantages and disadvantages to that course.