Witness Examination Outline – Cross-Examination

Witness Information

• Witness name:
• Calling party:
• Relationship to issues:

Cross-Examination Goals

• Elicit favorable admissions
• Undermine credibility or reliability
• Highlight inconsistencies or bias
• Limit scope of direct testimony

Preparation Checklist

• Review pleadings, deposition transcripts, prior statements
• Identify impeachment exhibits and Rule 613 materials
• Confirm evidentiary foundations and pre-admitted exhibits

Outline Structure

1. Commitment

• Lock witness into direct testimony points using leading questions.
• Example: "You testified on direct that… correct?"

2. Build Theme Sections

For each theme, use short, leading questions ending in "correct?"

Theme A: [Bias/Interest]

• "You are employed by…"
• "Your compensation depends on…"
• Exhibits: [Contract, invoice]

Theme B: [Inconsistency]

• Reference prior statement: "On [date], you stated…"
• Highlight differences with current testimony
• Mark deposition transcript pages for impeachment

Theme C: [Perception/Memory]

• Establish limitations (distance, lighting, timing)
• "You only observed the event for [duration], correct?"

Theme D: [Expert Qualifications/Methodology]

• Challenge credentials, assumptions, data sources
• Highlight literature or standards contradicting opinions

3. Damage Control

• Clarify harmful testimony by narrowing scope or obtaining concessions.

4. Closing Questions

• Summarize key admissions reinforcing theory of case.
• End with strong point that supports closing argument.

Impeachment Toolkit

• Prior inconsistent statements (depositions, affidavits, interrogatories)
• Prior convictions or dishonest acts (Rule 609/608)
• Bias evidence (payments, relationships)
• Contradictory physical evidence or documents

Exhibits and References

Courtroom Strategy Notes

• Maintain control: ask leading, concise questions.
• Avoid repeating harmful testimony.
• Be prepared to sit down when goals achieved; do not overreach.
• Watch jury and judge reactions for pacing adjustments.

Post-Examination Follow-Up

• Note points for redirect rebuttal.
• Update trial notebook with admissions.
• Evaluate need for additional witnesses or evidence.

This outline helps structure cross-examination to maximize impact and efficiency.