Nadine Nasser Donovan, Esq., is a former trial lawyer with extensive litigation experience. Services are available in-person and over the phone at locations across the province. Can you confirm that the email address it was sent to is your email address? This is an effective and efficient a method to use in cross examination. The expert should prepare truthful and artful answers to these questions. ð      You never even asked to do [such and such], did you? Objection should only be used when the question is misleading and the answer could be misconstrued by the jury. ð      As a Republican, you believe in tort reform, don’t you? These are questions which suggest an answer, such as “You intentionally misled Mrs. Smith, correct?” It is not uncommon for a cross-examiner to ask repetitive questions, altering them slightly, in an attempt to get the witness to say something that supports his side of the case. A 5½-minute video that gives tips for using witnesses as evidence in a Supreme Court family law trial, including choosing your witnesses, planning your questions, and the procedure at trial. This means they have to verify their earlier statement (that is, they have to agree it's what they said) before you can challenge it. ð      You were censured in 2013 by your professional organization for giving misleading expert testimony, weren’t you? Do you recall receiving this email? ð      And you used those words despite not fully understanding what they mean, didn’t you? ð      You flunked your boards the first two times you took them, didn’t you? He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert witnesses for upcoming testimony. Here are some examples of questions you could use to show that a witness has been inconsistent. Anticipate what the answer will be before you ask the question. The challenge in child custody cases is to get important information to the judge while following all court rules. ð      Isn’t it a fact that your professional license was suspended in 2014 in the State of Florida? ð      Is this a copy of your listing in SEAK’s National Directory of Expert Witnesses? ð      You would like the plaintiff to prevail, wouldn’t you? She doesn't speak the way she would with her friends or family. Of note d… ð      You are a jack of all trades, master of none, aren’t you? ð      You can’t provide any objective justification for that opinion, can you? How often have you worked past 5 pm for Mr. Left in the last three months? Time Past, Present and Future with Children . 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      There are bugs in the computer program you used, aren’t there? go in cross-examination. Here are some examples of questions you could use to challenge a witness's statement. There’s an art to asking questions to elicit great expert testimony in custody court. He can be contacted at 978-276-1234 or jim@seak.com. ð      You haven’t any real world experience in this field in the last ten years, do you? Please look at the first paragraph of the email and follow along as I read it out loud. EXAMPLES: “What was your second point?” “What program are you supporting?” “Are you for or against reforming welfare?” 2. You missed an entire week of parenting time in September? ð      You are here, because you are paid to be here, right? For example, in cross-examination, you can: Cross-examination questions should be based on a theory (an idea you have about the case and what should happen). ð      You never ruled out [such and such alternative explanation], did you? .cls-1{fill:#fff;}The Law Foundation of BC Is it true that you've never refused to work the overtime that Mr. Left asked you to? Taken from Breaking Down Barriers: How to Debate (2000 Edition) The Questioner. Didn't you testify in direct examination that you're currently in court proceedings because you were charged with driving under the influence of alcohol on July 15, 2015. Bias preference of one outcome over another, or a party over another. Compound (611a) - The question is really two questions posed as one. This email is followed by a reply email from your email account to the claimant's email account that says, "I'm busy that weekend. The steps include: Analyzing the witness’ statement and ranking the possible issues in … This type of questioning is called direct examination. It helps make sure that questions are organized and connected in a manner that leaves the jury with a clear understanding of the points made. You started working for Peter Left in October 2010? David W. Thompson, Ph.D., ABPP Clinical Psychology Associates 345 Milwaukee Ave. An effective direct examination should isolate exactly what information each witness can contribute to proving the case. The case of Filipetti (1984) 13 A Crim R 335, for example, may provide guidance in not only giving advice and seeking instructions from a client, but will also enable an advocate to pursue a theme or an issue within cross-examination. It is not a discovery. What happens in a Supreme Court Chambers hearing? 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. ð      Even you would agree that our expert witness [Ms. ð      You hold zero academic appointments, isn’t that correct? 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. This is called cross-examination. Cross-examination is one of the few times an attorney can pose leading questions to a witness. a) The judge will not normally take over the cross-examination of the witness. for more tips about speaking in Supreme Court. 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. 6. time schedule of parent if awarded custody ð      You are making over $200,000 a year serving as an expert witness, aren’t you? ð      You intentionally destroyed the notes you took in this case, didn’t you? Although I think e-discovery is a more powerful engine for discovering the truth, effectively utilizing cross examination questions comes in at a close second and is indispensable when e-discovery isn’t available. That means they have to agree that that's what they said. read the following categories to fully list examples of past and present, with dates. to have the witness give evidence that helps you and your case, and. 1. ð      You have never published in your field, have you? young or a traumatized complainant in relation to an alleged sexual offence), but will normally be restricted to asking questions prepared by the cross-examiner. Prosecutors use this tactic, too. 1974). Sample questions to ask when cross-examining witnesses at a Supreme Court trial, Family Case Conferences in Provincial Court, Judicial Case Conferences in Supreme Court. 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. So and So] is more qualified than you? In this example, the document is an email. Preparing to attend a Supreme Court trial, Sample questions to ask your own witnesses at a Supreme Court trial, Schedule and prepare for your Supreme Court trial, Using documents as evidence in Supreme Court, Using expert opinion as evidence in Supreme Court, Using witnesses to give evidence in Supreme Court. The children attend after-school care during the weekdays when they're in your care, correct? Cross examination has been described as “greatest legal engine ever invented for the discovery of truth.” 5 J. Wigmore, Evidence § 1367, p. 32 (J. Chadbourn rev. ð      Do you agree or disagree with the following statement from [such and such source]? (They're not real people.). ð      You are not really an expert in this area are you? Here are some tips for doing a cross-examination: See What is evidence and how do you present it in Supreme Court? ð      You formed your opinion before you had all relevant information, didn’t you? Knowing when and how to stop One of the most highly regarded trial lawyers in the United States during much of Contrasted with the flexibility of opening statement, witness examination is more rigid, often more mundane, but also more precise. Is it true that you've never left work to take one of the children to an appointment? An obvious example is the law pertaining to possession in drug matters. EXPERT QUALIFICATIONS: I'll just see them at my regularly scheduled time," correct? See Using documents as evidence in Supreme Court to find out more about what counts as a document and how to use documents as evidence. You only saw the children for one week in September, is that right? Look at our sample affidavit. ð      You used those words in your report because retaining counsel asked you to use them, isn’t that right? You swore it in front of Jack Sayward, a lawyer in Kelowna, correct? For more on bias see our article on winning when bias is all you have. Double Direct Example Questions. Case: United States v. Wilfred Montoya-Baires Summary: The Assistant United States Attorney conducts a direct examination of Forensic Scientist Gary Arntsen to establish that certain shell casings are connected to a shooting scene. ð      Do you consider [such and such source] to be authoritative? It's not normally like that in real life. ð      Counsel had you on a budget, didn’t he? and Steven Babitsky, Esq. ð      Your theory in this case was specifically developed for litigation purposes, wasn’t it? ð      You never personally did [such and such], did you? Steven Babitsky, Esq., is the President and founder of SEAK, Inc., the Expert Witness Training Company. Can you please confirm that you're the respondent in the Supreme Court file #________? Her practice area includes the defense of medical professionals in medical malpractice actions and before medical licensing boards. He is a former litigator who currently serves as Principal of the expert witness training company SEAK, Inc. (www.testifyingtraining.com ). ð      Your math is just plain wrong, isn’t it? ð      You actively seek out more expert witness assignments, don’t you? Find out the latest about the law in BC on The Factum blog. Do not ask a question to which you do not know the answer. Is it true that you've never started work as late as 9:30 am? When you're cross-examining someone, you can challenge their evidence if you think: You can challenge a witness's testimony or statement by: To impeach (accuse) a witness based on an earlier statement that you think is inconsistent, you have to recommit them. 5. when children go to bed . Make sure the questions you ask directly relate to what's in the best interests of your child. That means you give the witness the answer you're looking for in your question. of parties & witnesses, Cell Registered in whose name/ allotted to whom, used by whom. challenge the other party's evidence (that is, try to show that it's not reliable or correct). Many attorneys treat "reputation" and "opinion" evidence of character as interchangeable.… To an outsider, a cross examination might seem like a series of random questions, but the process is actually incredibly well-planned and requires hours of preparatory work. ð      There were other tests you could have performed, weren’t there? To excel during cross-examination, experts should understand what they are likely to be asked. ð      Your methodology has never been subjected to peer review and publication, has it? Questions? ð      You never performed [such and such test], did you? In direct examination, you stated that you've only missed parenting time on two days since your separation in May 2015, correct? 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? Cell allotment Application form exhibited or not Ex.PW/ABC, Copy of ID proof Ex.PW/ABC or not. 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. It’s essential to know the ins and outs of the case in order to ask just the right questions. The prosecutor’s cross-examination can be an effective Variations by jurisdiction. Common Objections Cross Examination- Sample Questions Cell Nos. ð      You are just saying what retaining counsel is paying you to say, isn’t that true? Cross-examination causes Captain Queeg to reveal his mental instability in The Caine Mutiny; it wrings to ask the witness questions about any evidence they gave earlier that you don't think is correct. 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. ð      You own a large chunk of stock of the plaintiff’s company, don’t you? Try this hypothetical: Opposing counsel has just finished direct examination of a witness who testifies that your adversary has the reputation of being scrupulously honest in all aspects of his life, including business transactions. ð      Retaining counsel helped you write your report, didn’t he? For example, consider a case in which the other side has an expert, but you don’t for whatever reason (and your not having one doesn’t hurt you). Funded by     You spent three weeks in September 2015 on a business trip in the United States, is that right? What happens at a Supreme Court family law trial? ð      You were a mediocre student, weren’t you? This lesson defines cross examination, discusses cross examining techniques and provides examples. 1 4612 Shoal Creek Blvd., Austin, TX 78756 • 512.407.9020 (phone and fax) • www.ncdsv.org DAUBERT QUESTIONS FOR EXPERT WITNESS 1. My Lord/My Lady, I'd like to offer this document as the next exhibit. 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. James J. Mangraviti, Jr., Esq., Nadine Donovan, Esq. ð      You don’t have [such and such credential] do you? ð      You didn’t have all the time you needed to do a proper job in this case, did you? Maintained by the Legal Services Society, BC, Canada. 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). Copyright © 2020 SEAK, Inc. All Rights Reserved. The goal on cross-examination of the opposing expert witness is not just to ask questions; it is to weaken credibility, reliability, and weight. ð      You have never been invited to present on this topic, have 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. Of course, defendants and their witnesses must testify truthfully at all times. ð      The defendant is a friend of yours, isn’t he? Your cousin, Gwen Smith, sometimes has to pick the children up from after-school care when you're working late, is that correct? ð      Are you aware of the 27 different mistakes in your report? Asking and Answering Questions in Cross-Examination . It should be posed as a series of clear, simple questions designed to obtain that information. They typically ask narrow questions intended to force the witness to provide certain information. In fact, experts should consider the likely areas of cross-examination they will face as part of their preparation process. Is it true that you've never left work to take care of a sick child? In the United States federal Courts, a cross-examining attorney is typically not permitted to ask questions that do not pertain to the testimony offered during direct examination, but most state courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination. ð      You are a professional expert witness, aren’t you? Excerpted from How to Become an Expert Witness: SEAK’s A-Z Guide to Expert Witnessing. Is it true that Mr. Left sometimes asks you to work on Saturdays? How can you cross-examine on the nebulous concept of "reputation"? This means Angela can now cross-examine him. Here are some questions Angela could ask when she's cross-examining James. For example: You forgot to pick up the children from after-school care on April 25, didn't you? You will need to question the witnesses you call. A Direct Examination is where an attorney conducts an examination of their own witnesses to bring out the facts of the case. 1. hours of work of parent (s) 2. days of work . Mr. Babitsky trains hundreds of experts every year. Our free publications can help you with the law.