Page 59 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Causing Witness to Lose Credibility
Jurors relate to witnesses primarily on two levels – likeability and credibility. Does the jury like a witness and do they trust the witness. If you can make a witness come across as a liar or trying to hide something, you’ve gone a long way to discrediting him. This exercise addresses how to cause a witness to lose credibility.
EXPLANATION
Participants learn to undermine a witness’s credibility.
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. Discuss the various ways to attack or undermine a witness’s credibility. Describe ways you’ve attacked a witness’s credibility. Have the participants question you (as you role play the witness) and attempt to undermine or negatively affect your credibility.
LESSONS LEARNED
Undermining a witness’s credibility can sideline a witness and make them impotent in the eyes of the jury. Even if the jury doesn’t agree with your questions, if their disagreement strains credulity, you may not have secured the answers you wanted but you may have caused more damage to the witness than you realize.
A FEW QUESTIONS TO DISCUSS
Why is it important to undermine a witness’s credibility? How do you undermine a witness’s credibility?
What do you achieve by undermining a witness’s credibility?
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SECTION 04 CROSS EXAMINATION