Page 71 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Cross Examination at Trial
There’s a difference between cross examining a witness in deposition and cross examining him at trial. At trial you have an audience – the jury – and they’re looking at you – your behavior, your body language – and listening to you – your cadence, your tone, your inflections. Practice your voice and body language in front of an audience to get their feedback on your style.
EXPLANATION
Participants learn to control their voice and body language when cross examining a witness.
EXERCISE
At trial, your body language conveys to the jury you’re in charge and you’re testifying, not the witness. From where you stand, to how you use your body to the tone of your voice, you’re sending a clear message – it’s about me, not the witness – listen to me, not the witness. Work with the participants on their body language. Set up a podium or table in your conference room and teach them where to stand, how to stand, what to do with their hands, what facial expressions to use and what inflexions and tones of voice to rely upon. How you ask your questions is as important as what you ask.
LESSONS LEARNED
Owning the room – the courtroom – is a skill that takes practice, voice and breath and body control, and a sprinkle of theatrics. It’s learning to become comfortable with a witness in front of an audience.
A FEW QUESTIONS TO DISCUSS
How do actors act in movies and television when cross examining a witness? What do you think of when you hear the phrase “own the room?”
What are your strengths as a public speaker?
What are your weaknesses as a public speaker?
How can you work on your weaknesses? How can you deal with stage fright?
©2021 Federation of Defense & Corporate Counsel
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SECTION 04 CROSS EXAMINATION