Page 48 - FDCC Deposition Drills

A FEW QUESTIONS TO DISCUSS
Why is it important to ask “yes” and “no” questions? How does one ask “yes” and “no” questions?
What do you achieve by asking “yes” and “no” questions?
Deposition Drills How to Teach Deposition Skills
Asking Yes and No Questions
As a cross examiner, you’re testifying and the witness is agreeing with you. Ideally, you’re getting the witness to say “yes” repeatedly. When appropriate, you’re getting the witness to say no. This exercise addresses that.
EXPLANATION
Participants learn to ask “yes” and “no” questions.
EXERCISE
Identify a witness you cross-examined in deposition and describe the case and the role of the witness in the case to the participants. Explain how to turn questions into “yes” and “no” questions and have the participants question you (as you role play the witness) using only “yes” and “no” questions.
LESSONS LEARNED
This exercises forces one to reduce every question into a “yes” or “no” question. One starts with one’s objectives with a witness and thinks through all the “yes” and “no” questions to get there.
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SECTION 04 CROSS EXAMINATION