Episode description
Episode description
You've probably heard that in direct examination, controlling your witness is all about witness prep, while in cross, leading questions are the key. Those oft-repeated tenets are true, say podcast guests Judge Amy Hanley and NITA faculty member Adrienne Johnson, but they oversimplify the specific control techniques that actually work and how attorney style, hearing type, and venue factor in. Tune in as they get specific about the part of trial over which we have the least control: examining witnesses.
Topics
3:48 One task lawyers often overlook
7:08 Prep is not just for the witness
9:50 Practice questions
13:33 Witness crumbles on the stand
18:52 Leading questions on cross
21:00 Using your voice
26:12 Tips for controlling on cross
32:33 Anecdotes about control in the courtroom
36:05 Developing your trial style
38:30 Impact of venue and regions
41:22 Controlling in different types of proceeding
46:06 Script versus bullet points
55:20 Expecting problems
58:16 Examinations gone wrong, and right
1:07:07 Signoff questions
Quote
“I think one of the best tools for witness control is some self-control. I always say that often—most of the time—when you get an answer you don’t like from a witness or that is not responsive, usually that’s a ‘you’ problem. You have not phrased the question well to ask the thing that you want an answer to. So the first thing I always think about when I think of a witness being out of control is whether I did a good job with my questions. Did I lead on cross? Am I introducing one fact and not asking for several facts at a time? Did I leave something up to interpretation?” Adrienne Johnson
Resources
Judge Amy Hanley (LinkedIn)
Adrienne Johnson (LinkedIn)
NITA Women in Trial (course)
Direct Neglect: Where Is the Love?, with Judge Amy Hanley and Dennericka Brooks (episode)
The Tense Trio, with Judge Amy Hanley and Cheryl Brown Wattley (episode)
Justice at Trial, with Jim Brosnahan (episode)
Give ‘em the Ol’ Razzle Dazzle, with Dominic Gianna (episode)