Page 65 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Commit and Confront Witness
Knowing how to impeach a witness with their own words can be devastating and can deliver a death blow to credibility. This exercise addresses how to commit and confront a witness with their own words.
EXPLANATION
Participants learn how to commit a witness to a statement and then confront them with their own words.
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. Provide them with that witness’s deposition testimony. Play the role of that witness, say one or more things that contradict the deposition testimony, and have participants impeach you with the deposition.
LESSONS LEARNED
Impeaching a witness is the most dramatic moment of a cross examination. Learning when to do it and how to do it can create a memorable moment that can define a case. Effective impeachment takes planning and practice.
A FEW QUESTIONS TO DISCUSS
Why is it important to commit a witness to a statement and confront them with a contrary statement?
How do you commit a witness to a statement and confront them with a contrary statement?
What do you achieve committing a witness to a statement and confront them with a contrary statement?
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SECTION 04 CROSS EXAMINATION