Page 58 - FDCC Deposition Drills

A FEW QUESTIONS TO DISCUSS
Why is it important to avoid questions that invite explanations? How do you ask questions that avoid explanations?
What do you achieve by asking questions that avoid explanations?
Deposition Drills How to Teach Deposition Skills
Avoiding Explanation Questions
On Cross examination, you’re testifying, not the witness. You’re the ventriloquist and the witness is the dummy. We learn to avoid asking questions where the witness takes over and switches roleswithus. Thisexerciseaddresseshowtoavoidaskingquestionsthatallowthewitnessto explain and take over control.
EXPLANATION
Participants learn to ask questions that prevent a witness from explaining their answers.
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 the difference between questions that demand an answer and those that invite an explanation. Go through examples of each and howtoturnopenendedquestionsintoleadingquestions. Havetheparticipantsquestion you (as you role play the witness) avoiding any question that seeks or invites an explanation.
LESSONS LEARNED
If the witness is explaining on cross, you’re losing. Keeping a witness caged takes practice and just one bad question can derail your cross. Avoiding any and all questions seeking an explanation is key to a successful cross examination.
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SECTION 04 CROSS EXAMINATION