Page 62 - FDCC Deposition Drills

A FEW QUESTIONS TO DISCUSS
Why is it important to show and establish what a witness doesn’t know? How do you establish what a witness doesn’t know?
What do you achieve by establishing what a witness doesn’t know?
Deposition Drills How to Teach Deposition Skills
Showing What the Witness Doesn’t Know
A way to undermine or limit the impact of a witness is by showing what the witness doesn’t know. Perhaps he didn’t see or hear something. Perhaps he is not aware of a statement, document or fact that changes the complexion of the case. Revealing a witness’s ignorance can undermine his testimony. This exercise addresses how to show what a witness doesn’t know.
EXPLANATION
Participants learn to expose what a witness doesn’t know and how that affects their testimony and 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. Explain the importance of showing a witness’s lack of knowledge, observation, understanding, etc., as a way to undermine their testimony. Have the participants question you (as you role play the witness) and have them elicit answers demonstrating what you don’t know.
LESSONS LEARNED
Showing what a witness doesn’t know can undermine what they claim to know. That eyewitness who hurts your case may not have seen what he claims to have seen or may not know what he claims to know. Sometimes you can chip away just enough to undermine what a witness claims to know or have seen or have heard.
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SECTION 04 CROSS EXAMINATION