Cross Examination Witness Worksheets

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CROSS EXAMINATION WITNESS WORKSHEET

eLEX is proud to present the last cross examination tool you will ever need: the

CROSS EXAMINATION WITNESS WORKSHEET

Cross Examination Worksheet
eLEX customer Todd Bovo uses his CEWW on his iPad with Notability.
Photo courtesy of Todd Bovo.

Ask yourself the following questions:

  • Do you are making a list of questions to ask on cross?
  • Ever find yourself frantically having to add to that list during direct examination?
  • Did you miss objections while you were writing new questions?
  • Have you ever had a obstreperous witness get you off of the list and "mess up" your cross?
  • Are your cross examinations merely are regurgitation of the direct examination?
  • Have you ever missed a cross examination point because you were stuck to your list of questions and forgot?
  • Are you nervous about conducting cross examinations? 

If you answered "yes" to these questions, the reason why is simple:  you are using the wrong (or no) technique!

Developed by publisher and National Board of Trial Advocacy Certified lawyer Joe Bodiford for his use in cross examinations, and based on a technique he learned at the National District Attorney's Association training course in the 1990s, the CROSS EXAMINATION WITNESS WORKSHEET is the most effective way to achieve effective, meaningful cross examinations.  Joe perfected his techniques, and turned them into a book, Cross Examination in a Nutshell (West Academic Publishing, 2018), which is in virtually every law school library in the country.

STORYTELLING THROUGH CROSS EXAMINATION

Using the concept that a cross examination is simply a powerful storytelling technique, Joe approaches cross much like a movie or a play - not scripted, but in terms of form.  There is an overall case theory (plot), which play out in themes (subplots), and topics (individual scenes).  All of these produce target facts that make you (or break your opponent's) story.

Organizing the cross examination into themes, then topics, allows the story to unfold before the jury as you - the advocate - tell the story.  The witness simply says "yes" and "no" as you lay out your side of the case using the other side's witness.

The target facts come from beginning each topic (scene) broadly, then narrowing through a series of questions to the "a-ha" or "gotcha" fact.  If done properly - which is easy to do with preparation and control - the witness has no choice but to agree with the target fact.  If he or she does not, no matter - the jury knows, and that's what is most important.

CROSS EXAMINATION TECHNIQUES

Using the CROSS EXAMINATION WITNESS WORKSHEET, you can prepare for the frenetic pace of a trial, and control yourself, the witness, and the flow of information.  The CROSS EXAMINATION WITNESS WORKSHEET allows you to be flexible, to adjust to the flow of the direct.  It give you everything you need to quickly organize your cross into argument for mid-trial motions or closing argument.

eLEX's CROSS EXAMINATION WITNESS WORKSHEET comes with an instruction page, and the actual cross sheet (with room for side 3-hole or top 2-hole punching) for duplication - make as many as you need, and use one per target fact! 

COMING SOON:  Currently available as a digital download, eLEX will be printing the CROSS EXAMINATION WITNESS WORKSHEET in packets of 25 and 50 sheets.