How to Keep Control on Cross Examination
There are many things a skilled examiner might attempt on cross examination. But the foundation of everything is control. Remember, an adverse witness is always looking for an opportunity to escape your trap and inflict damage. If you don’t know how to keep control, you don’t know the fundamentals of cross.
Part of keeping control is choosing the right material for cross. We’ll deal with that another day. But if you have chosen the right material, control is often as simple as asking one-fact questions. (You might say making one-fact statements for the witness to say “yes” or “no” to.) Strip out all adjectives, adverbs, characterizations, and conclusions. Do not include additional facts. It is very difficult for a witness to get away from the examiner (without looking like a witness who isn’t willing to answer questions fairly) if you keep your questions short and simple: one fact per question.
