Page 53 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Avoiding Question Tags
Many questioners end leading questions with the word “correct” or another tag. It’s distracting and reduces the impact of the questioning. This exercise addresses how to stop using tags at the end of questions.
EXPLANATION
Participants learn to stop using “tags” at the end of questions, such as “correct.”
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. Take a bowl and a handful of coins, have the participants question you (as you role play the witness), and throw a coin in the bowl each time they use a tag. The repeated clang will reverberate in their minds long after the exercise and cue them to stop using tags.
LESSONS LEARNED
Tags can be annoying, distracting and hurt your cross. Some attorneys feel they need them to get the answer they want, but by changing the inflexion in your questions and the tone of your voice, you can drop them altogether.
A FEW QUESTIONS TO DISCUSS
Why is it important to avoid using question tags?
How does one develop the habit of not using question tags? What do you achieve by avoiding question tags?
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SECTION 04 CROSS EXAMINATION