Virginia Trial Lawyers Association Annual Convention March 2015 n The Greenbrier The Art of Cross-Examination in Family Law Cases Gerald F. Ivey
Virginia Trial Lawyers Association Annual ConventionMarch 2015 n The Greenbrier
The Art of Cross-Examination in Family Law Cases
Gerald F. Ivey
The Art of Cross-‐Examina3on in Family Law Cases
Gerald F. Ivey Finnegan, Henderson, Farabow, GarreB & Dunner, LLP®
March 27, 2015
Cross-‐examina,on: Purpose, Methods, and Techniques
• The Purpose of Cross-‐examina,on • Argue Through, Not With, the Witness • Framing Ques,ons for Cross-‐examina,on • Learning to Lead • Avoid WriCen Ques,ons • Reject the Commandments • Three Techniques
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Cross-‐examina,on: Purpose, Methods, and Techniques (Con,nued)
• Cross-‐Examining to Impeach • Cross-‐Examining to Get Help (Hitchhiking) • Cross-‐Examining to Limit • The Commandments Are Mostly Wrong • Use Only Leading Ques,ons • Make Witnesses Answer “Yes” or “No” • Don’t Ask Ques,ons Unless You Know the Answer • Don’t Ask “How” or “Why”
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Cross-‐examina,on: Purpose, Methods, and Techniques (Con,nued)
• Controlling the Witness Properly • Witnesses Who Volunteer • Volunteering Admissible Informa,on • Volunteering Inadmissible Informa,on • Adverse Tes,mony • Cross-‐examina,on Versus Direct Examina,on • Cross-‐examine or Not?
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Cross-‐examina,on: Purpose, Methods, and Techniques (Con,nued)
• The Scope of Cross-‐examina,on • Dealing with the Ul,mate Issues • What Will the Witness Say? • Organizing the Cross • Note-‐Taking during Direct • Where to Start and End
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Three Tools of Cross-‐Examina,on
• Prior Inconsistent Statements • Deposing Adverse Witnesses and Par,es • Listening to the Direct • Fair Use of Impeaching Evidence • Credibility ACacks: Case-‐specific and General Character
• Bias and Interest ACacks • The Rules and Laws of Probability
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Prior Inconsistent Statements
Most impeachment will not be based on anything drama,c.
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Cumula,ve Destruc,on
• Edward BenneC Williams • US v. Connolly • Numerous Points of Inconsistency
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Cumula,ve Destruc,on (Con,nued)
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Cumula,ve Destruc,on (Con,nued)
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Cumula,ve Destruc,on (Con,nued)
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Cumula,ve Destruc,on (Con,nued)
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