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Sanderson v. Paltrow: Examining Cross-Examination

Evidence at Trial

Lee Bailey—polite and charismatic with a sprinkling of zinger cross-exam questions that would hit bullseye every time. But in this he-said-she-said ski collision case, where the jury must accept one party’s version of events and reject the other, the skill of the examiner is important. The victim? Paltrow, good morning.

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Authentication Article by Paul Mark Sandler

E-Discovery LLC

In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug. 22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.”

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Witnesses: Be Tough to Cross

Your Trial Message

By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of […]

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Essential Steps for Effective Trial Preparation

Jonathan Leach LLC

This includes reviewing their statements, practicing direct and cross-examinations, and preparing them for potential questions from the opposition. Plan Cross-Examinations Effective cross-examination can undermine the opposition’s case and strengthen your own.

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During Cross-Examination if You Don't Know the Answer, Can You Guess?

Gerry Oginski's New York Legal Blog

You're asked during cross examination how fast you were going fifty feet before the impact. Want to know why? It's because when you guess you could be right and then again, you could be wrong. Let's say this is a car accident case. You're not sure. You think you were going slow.

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Witnesses, Avoid Absolutes

Your Trial Message

By Dr. Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense.

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RESPONSE TO EVASIVE ANSWER

Plaintiff Trial Lawyer Tips

I would argue that a witness denying or evading an honest response to a fact the majority of the jurors believe is a gift to the cross examiner. Even so, his recommended answers open the door to damaging cross examination. Worse, evading the obvious answer dramatizes the dishonesty of the witness and their bias.