Three simple cross examination rules to follow: (1) Ask only leading questions Leading questions simply state a fact with an implied question mark at the end. She has been on the SEAK faculty since 2002 and has trained hundreds of experts. 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 Sample cross examination questions for expert witness. That protocol is made up of interviews, tests, etc. Similarly, in a re-examination, the questions asked must be within the scope of cross examination. cross-examination. ð      You are being paid $500 an hour to be here today, aren’t you? ð      You intentionally destroyed the notes you took in this case, didn’t you? The purpose of cross-examination is to obtain favourable facts and minimise the impact of the evidence-in-chief. ð      You are not really an expert in this area are you? areas of your testimony that the prosecution will most likely attempt to impeach you with then the following types of questions will not come as a surprise. ð      You have never won any awards in your field, have you? Rich Dad Poor Dad: What The Rich Teach Their Kids About Money - That the Poor and Middle Class Do Not! ð      You are making over $200,000 a year serving as an expert witness, aren’t you? He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. With positive cross-examination questions, you are confirming facts and actions that occurred. Going over these questions may help you avoid becoming confused or being tricked by the government during your testimony, however, they are only offered as examples of common types of impeachment questions. Attack the Expert’s Qualifications. Nov 2020 . immigrationcourtside.com "The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. He is a former litigator who currently serves as Principal of the expert witness training company SEAK, Inc. (www.testifyingtraining.com ). She graduated from Fordham University summa cum laude with a B.A. Sample Cross Examination Cross-examination at trial of alleged victims of sexual crimes is an extraordinarily sensitive task. Cell allotment Application form exhibited or not Ex.PW/ABC, Copy of ID proof Ex.PW/ABC or not. , Trial Objections and Deposing and Examining Doctors . ð      Did you write in [your report] [such and such which is inconsistent with what you are saying today]? It’s not exactly a level playing field. ð      You formed your opinion before you had all relevant information, didn’t you? ð      You flunked your boards the first two times you took them, didn’t you? ð      Am I correct in assuming that you have heard of the expression “it wasn’t documented it wasn’t done?”. ð      Is [such and such] one of the tests you could have performed? ð      You are a professional expert witness, aren’t you? CROSS EXAM OF EXPERTS (Sample Questions) Challenge Credentials: • You do not have a degree from an accredited university? CROSS-EXAMINATION 1 § 7.01 INTRODUCTION Hollywood dramas portray cross-examinations as exercises in pyrotechnics: the lawyer asks hostile and sarcastic questions, mixed with clever asides to the jury, and the witness gives evasive answers. Question. Ms. Donovan is the co-author of the text How to Write an Expert Witness Report. ð      The defendant is a friend of yours, isn’t he? It is not uncommon for an officer or detective to testify to an important “fact” not included in his report. Head on Attacks on Credibility. Practice Guide . Pattern Cross-Examination: Officer Motivated to Draft Comprehensive Report Sample cross examination of police officer. ð You were censured in 2013 by your professional organization for giving misleading expert testimony, weren’t you? So and So] is more qualified than you? In this excerpt, there are two points that I’m trying to establish: 1) that the police did not have probable cause to enter Janet Smith’s apartment, and 2) that Smith’s consent was not voluntary. No Throw-Away Questions On Cross Examination, Draw Blood Right From The Start. She may be contacted at 617-791-4282 or nadine@seak.com. 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He is the co-author of twenty-seven books, including: How to Write an Expert Witness Report; How to Prepare Your Expert Witness for Deposition; How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies; The A–Z Guide to Expert Witnessing; Depositions: The Comprehensive Guide for Expert Witnesses; How to Excel During Depositions: Techniques for Experts That Work; Writing and Defending Your Expert Report: The Step-by-Step Guide with Models; The Biggest Mistakes Expert Witnesses Make and How to Avoid Them; Cross-Examination: The Comprehensive Guide for Experts; National Guide to Expert Witness Fees and Billing Procedures; and How to Market Your Expert Witness Practice: Evidence-Based Best Practices. ð      You are not 100% sure of your opinion, are you? This protocol is loosely based upon the APSAC guidelines. In fact, they'll now know why you don't! ð      You have never been invited to present on this topic, have you? ð      You never were provided with [such and such document], were you? Beyond the scope: A question asked during cross-examination has to be within the scope of direct examination. ð      You own a large chunk of stock of the plaintiff’s company, don’t you? Many lawyers write and speak prolifically on the goals, strategies and tactics of cross examination, as if cross examination were an end unto itself. ð      You actively seek out more expert witness assignments, don’t you? ð      You are a jack of all trades, master of none, aren’t you? ð      Did you write in [article] [such and such which is inconsistent with what you are saying today]? ð      You told counsel exactly what he wanted to hear, didn’t you? Cross-examination questions should be based on a theory (an idea you have about the case and what should happen). in French Literature. Please write clearly, in block capitals. ð      You never even asked to do [such and such], did you? Rather, it is a very important part of a much larger whole (i.e., the trial), and the single most important goal, tactic and strategy is to win. Cross Examination of the Adverse Appraiser. For example: "Why was Mr. Jones, a male executive, paid more than 20% more than Ms. Smith, a female executive who has a very similar job description?" ð      As a Republican, you believe in tort reform, don’t you? Anticipate what the answer will be before you ask the question. ð      You weren’t under oath when you wrote your report, were you? ð      You never performed [such and such test], did you? ð      You never read [so and so’s] deposition, did you? 14 . He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert witnesses for upcoming testimony. • You are not a certified child abuse specialist? ð      There are bugs in the computer program you used, aren’t there? Cross-examination is a vital part of defending those accused of sexual crimes. She is licensed to practice law in New York, Massachusetts, and Rhode Island. ð Isn’t it a fact that your professional license was suspended in 2014 in the State of Florida? [Note: This is an excerpt from a larger cross that occurred during a motion to suppress evidence. . Steve has helped expert witnesses and their attorneys prepare for deposition in a broad range of cases, including antitrust, patent, medical malpractice, wrongful death, computer forensics, and many others. He has trained the Federal Bureau of Investigation and the Federal Aviation Administration, and he has worked with numerous forensic and financial companies including Fortune 500 companies and has worked with numerous experts to help them expand and grow their practices. Perfecting cross-examination is an elusive goal. It is all but impossible to control every witness you face. Some lawyers begin cross-examination questions with “Isn’t it true that. Civil Trial Sampler $ 69.00 $ 29.00 609 pages, including custom-made Forms and Checklists, with chapters from: Proving Damages to the Jury , Building Trial Notebooks , Maximizing Damages in Small Personal Injury Cases , Exposing Deceptive Defense Doctors , Pattern Cross-Examinations , Trial Evidence Foundations , Is It Admissible? Mr. Babitsky is the co-author of the texts How to Market Your Expert Witness Practice: Evidence-Based Best Practices; How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies; Writing and Defending Your Expert Report: The Step-by-Step Guide with Models; How to Excel During Cross-Examination: Techniques for Experts That Work; The A–Z Guide to Expert Witnessing; How to Write an Expert Witness Report; and How to Excel During Depositions: Techniques for Experts That Work. Mr. Mangraviti assists expert witnesses one-on-one with report writing, mentoring, and practice development. And in case you haven't noticed, drugs and surgery have become progressively declasse. ð      You didn’t comply with [such and such professional standard] in this case, did you? ð      Would you agree with me that your methodology is not generally accepted in the field? Questions that begin with “how,” “what,” “when,” “why,” or “where” are the hallmark of non-leading questions and should be avoided at all costs. ð      You used those words in your report because retaining counsel asked you to use them, isn’t that right? If questioned on his failure to note the “fact” in his report, an experienced officer will typically shrug it off with, “This is only a summary, Counselor. www.trialpracticetips.com/bias-cross-examination-exposing-witness ð      You don’t have [such and such credential] do you? The scientist’s qualifications are substantial and uncontested. Advice • Illustrate your answers with sketches and/or diagrams wherever you feel it is appropriate. ð      If plaintiff loses this case, isn’t it a fact that you are highly unlikely to collect all the fees that you are owed? .” However, such questions can lead to confusion, especially if they include a negative. ð      Your reports from other cases are in many ways identical to your report in the case, aren’t they? Excerpted from How to Become an Expert Witness: SEAK’s A-Z Guide to Expert Witnessing. Cross-examination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officer’s competency or even integrity. A key point to discredit expert witnesses is to attack their qualifications. • You have not received any formal training in (state type of injury at issue in the case)? ð      Are you the same [name of expert] whose expert opinion was found to be “wholly unreliable” by US District Judge Smith of New York? cum laude from Boston College Law School. For example, you may start cross examining a witness by asking him about background information not critical to the determination of the lawsuit like date of incident, employment credentials, etc. That means you give the witness the answer you're looking for in your question. An effective cross examination … Copyright © 2021 SEAK, Inc. All Rights Reserved. ð      You state on your web page do you not, quote, “Call me today and I’ll help you win your case” unquote, don’t you? Cross-Examination: 1) You followed a protocol in this case. ð      Did you state at your deposition [such and such which is inconsistent with what you are saying today]? ð      Retaining counsel helped you write your report, didn’t he? ð      You never ruled out [such and such alternative explanation], did you? It requires not only extensive preparation but also a delicate balance between aggressively discrediting the witness on the one … ð      And you used those words despite not fully understanding what they mean, didn’t you? Often the complainant in sexual proceedings has to be vigorously challenged. Sample Lmft Written Clinical Vignette Examination Questions Author: plusbeta.sites.post-gazette.com-2021-02-04-16-12-05 Subject: Sample Lmft Written Clinical Vignette Examination Questions Keywords: sample,lmft,written,clinical,vignette,examination,questions Created Date: 2/4/2021 4:12:05 PM ð      You can’t provide any objective justification for that opinion, can you? © 2015 SEAK, Inc.  by James J. Mangraviti, Jr., Esq., Nadine Donovan, Esq. ð      You are here, because you are paid to be here, right? ð      Do you consider [such and such source] to be authoritative? Her practice area includes the defense of medical professionals in medical malpractice actions and before medical licensing boards. A cross examination is where the attorney conducts an examination of the other side’s witness. Here is a great example of patient “boxing in” questioning from the timeless book The Art of Cross Examination (4 th Edition) by Francis Wellman: The issue was the forgery of a will; the proponent was a man of high respectability and good social standing, who had an indirect interest to a large amount, if the will, as offered, was allowed to be probated. ð      Your theory in this case was specifically developed for litigation purposes, wasn’t it? Asking a few harmless questions of a witness only suggests to the jury you believe the witness is worth questioning. ð      Your methodology has never been subjected to peer review and publication, has it? For example, you can confirm the following: The Defendant was driving behind the Plaintiff; The Defendant saw the Plaintiff come to a quick stop; The Defendant ran into the back of Plaintiff's vehicle Facts like these prove what all happened the day of the wreck. ð      You would like the plaintiff to prevail, wouldn’t you? Of note d… ð      You have been retained by retaining counsel on dozens of other cases, haven’t you? … ð      You were a mediocre student, weren’t you? Cross-examination is one of the few times an attorney can pose leading questions to a witness. 2009] Cross-Examination in Child Sexual Assault Trials 69 examination. ð      You didn’t have all the time you needed to do a proper job in this case, did you? and Steven Babitsky, Esq. If cross-examination of a witness does not help your case, then let the witness go without asking a question. Use the exact question that you anticipate would be asked on cross-examination of your own witness or client. Therefore, is important to learn the definition. ð      You never visited the accident scene, did you? It includes a direct and cross examination of the asylum seeker, as well as direct and cross examination of two experts and closing arguments. And needless to say, those cross-examination questions will no longer be effective, because the jury will already know that you don't, for example, prescribe drugs. Alternative medicine is in. . of parties & witnesses, Cell Registered in whose name/ allotted to whom, used by whom. Here are some tips for doing a cross-examination: Ask leading questions. 247 Sample Deposition Questions for Expert Witnesses. Do not write a script which you follow as this will not allow you to respond effectively to the witness and will weaken your argument. ð      You weren’t able to calculate a margin of error, were you? ð      Your opinion is based on a number of assumptions, isn’t it? • There are 45 marks in Section A and 35 marks in Section B. ð      You haven’t any real world experience in this field in the last ten years, do you? A Sample Cross Examination. ð      As a Democrat, you believe in wealth redistribution, don’t you? ð      You hold zero academic appointments, isn’t that correct? ð      Is this a copy of your listing in SEAK’s National Directory of Expert Witnesses? ð      You never personally did [such and such], did you? Centre number . Cross Examination- Sample Questions Cell Nos. ð      100% of your expert witness work is on behalf of defendants, isn’t it? ð      Isn’t it a fact that your professional license was suspended in 2014 in the State of Florida? Attorney Babitsky is the co-developer and trainer for the “How to Be an Effective Expert Witness” seminar and has been the seminar leader since 1990 for the Annual National Expert Witness and Litigation Conference. In addition to her work consulting and teaching for SEAK, Ms. Donovan is a partner in the Boston-based firm of Mulvey, Ennis, Keefe, and Donovan, LLC. ð      You have lied many times in your life, haven’t you? James J. Mangraviti, Jr., Esq., has trained thousands of expert witnesses through seminars, conferences, corporate training, training for professional societies, and training for governmental agencies including the FBI, IRS, Secret Service, and Department of Defense. ð      Your opinion is the same in every case, isn’t it? The prosecutor’s cross-examination can be an effective Try to end your direct examination with an important fact. Based on the sum total of the tests and interviews, you and the others decided that the child had been abused. The ‘primacy of the oral tradition’,1 within a culture of adversarial- ism, has produced entrenched patterns of testing oral evidence through leading questions that utilise complex vocabulary, sentence construction and syntax.2 Such techniques have been described as ‘legitimated bullying.’3 In addition, Ms. Donovan is a Legal Writing Instructor at Boston University School of Law, and an Adjunct Professor at New England School of Law, Boston, where she teaches a course in Medical Malpractice. ð      Are you aware of the 27 different mistakes in your report? ð      You never reviewed [such and such document], did you? Call detail chart of parties & witnesses- Timings’ relation with Incident, if any. Cross through any work that you do not want to be marked. Mr. Mangraviti received his BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School. Many fundamentals of cross-examination are anything but secret. Such objection may be raised by the counsel of the person getting cross examined/reexamined, if the witness has been made to answer questions outside the scope of present … Ms. Donovan previously practiced litigation in New York City, first as a prosecutor in Queens and then as counsel for the city of New York. He can be contacted at 978-276-1234 or jim@seak.com. ð      You cherry picked only the supportive studies, didn’t you? For example, in cross-examination, you can: ask leading questions, and; challenge the other party's evidence (that is, try to show that it's not reliable or correct). ð      Even you would agree that our expert witness [Ms. ð You were convicted of perjury in 2002, weren’t you? Ms. Donovan also serves as a Dispute Resolution Arbitrator for the Financial Industry Regulatory Authority.