Witness Workshop

Preliminary Discussion

• What does the opposing attorney want to accomplish in cross examination (Make a list on the board)
• What do you want to accomplish? (make a list on the board)
• Any ideas how to accomplish what you want?  (Make a third list)

Tips for Cross Examination – practice each one briefly as you go

1. Consciously use eye contact
   • Look at cross examining attorney if something hurts you
   • Look at the jury if something helps you or is not very important
2. Be polite and curious
   • Try not to appear  confrontational unless you want to play your character that way.
   • Being confrontational can come off like you are not telling the truth or hiding something.
3. Slow down
   • You control the pace not the attorney doing cross examination
   • Pause between the question and your answer – counting to three before answering is a good rule.
4. Use your voice
   • How you say “yes” or “no” can effect how it is perceived and the weight the jury gives to it.
   • Example: You smoked marijuana in high school didn’t you.  “Yes” (delivered in a nonchalant way with a shoulder shrug)
5. Don’t guess or speculate
   • If you don’t recall the answer to something say you don’t remember
   • If they ask you to speculate say you don’t know
6. If you need to qualify a question, try to do it before you answer yes or no
   • Example:   “His voice was very soft, but I did hear some of what he said, yes”
   • If you answer “Yes . . . ” the attorney is more likely to cut you off.
7. Playing the time game
   • Unlike a real trial, the cross examining attorney has a limited amount of time to ask questions in
   • Some witnesses do this to test the other attorney and even to the point of being seeming obnoxious.
   • Judges differ on how they treat this.  Some may think it is all fair play in a Mock Trial other’s may thing the witness is moving away from their role as a tree witness to take advantage of the Mock Trial Rules 
8. Ways to mix it up (make points and use time)
   • If you are asked an open ended question give a longer answer
   • If you are handed an exhibit take a few moments to review it.
   • Try to qualify your answer when needed.
   • If your are being impeached, asked to see your prior statement.  Take a few seconds to read it to put it into context before you answer. 
   • On minor points answer the question by repeating a portion of the question itself
     • Example:  “It was a little before nine, yes”
     • Do not overuse this technique or it will be obvious what you are doing.
     • Do not use this technique for points that hurt your case as it gives undue emphasis.

Group Practice: bringing it all together

• One by one the witnesses take the stand
• Remaining witnesses are in the jury box
• Give witness 30 seconds to get into role.
•  Coach jumps right into cross
  • Helps to have the cross examination questions that have actually bee drafted
  • Practice the techniques discussed, starting and stopping as needed
  • Everyone gets a chance to be a witness