Trial Techniques – The Art of Cross-Examination Part VI

Rule No. 2 of 12: The successful cross-examiner always has a purpose for each question that is asked or not asked.
When preparing a cross-examination of any particular witness, counsel has to consider what they want to say about the witness in closing argument. Sometimes, if a witness does not hurt your client’s case, the best cross-examination is to ask no questions at all. The general rule is “no harm no foul,” therefore, if a witness is called against your client and ends up testifying in a manner that really does not hurt them in any way, the best cross-examination may be one that asks no questions whatsoever. However, if questions are asked, they have to be asked in such a way as to do no harm to one’s case.
Sometimes, the purpose of the cross-examination may be to conceal the fact that you do not really have anything to attack the witness on. In other situations as addressed above, it may be possible to successfully impeach the witness through prior inconsistent statements. Either way, as part of the preparation by counsel, in advance of trial, counsel has to consider each question being considered for the witness and has to satisfy him/herself that the question will achieve a goal and that the goal is worth pursuing with respect to the cross-examination of that witness. Again, the successful cross-examiner always have a purpose for each question that is asked or not asked.