5 Tips Every Witness Should

Know About Cross Examination

If you go by what you see on television and in the movies, cases
are won or lost in court with a blistering cross examination of
the key prosecution witness by the defense attorney.
Invariably, the scene ends with the witness admitting in a
tearful outburst to being the person who actually committed
the crime. Here are five facts about cross examination you
should know if you are called as a witness at a trial.

What happens in Hollywood stays in Hollywood

Cross examination in real life is rarely as dramatic as what is

created by screenwriters. Cross examination is the stage of a
trial during which an attorney has the opportunity to question a
witness who has just testified for the opposing party. Instead of
going for the knockout punch as portrayed in Hollywood, most
attorneys engage in a methodical and well-planned cross
examination designed to reveal inconsistencies in a witness’s
testimony or to cast doubt on the accuracy of it.
It might not be as entertaining as on TV, but cross examination
serves a purpose
•The purpose of cross examination is for the attorney to chip
away at the opposing side’s theory of the case. This is done
through a careful and methodical questioning of the witness
that tries to elicit any of the following:
•Inconsistencies between the witness’s testimony in court and
statements given previously
•The witness’s bias or prejudice against the attorney’s client
•Physical impairments that might have prevented the witness
from making the observations noted in direct testimony
•Evidence that supports the questioner’s theory of the case.
For example, if the defendant in a criminal case is claiming self-
defense, an admission by the witness that the victim was yelling
at the defendant could support the defense theory that the
defendant feared for his or her life.

The best thing a witness can do is tell the truth. Trying to make
your testimony sound better is almost certain to end with an
experienced attorney turning it against you.
Be prepared, but don’t memorize what you expect to say

Before you go to court, take time to recall the facts that you
anticipate testifying about. One thing you should not do is try
to memorize what you will say in response to certain questions.
Memorized testimony sounds fake and is sure to make you a
target for a probing cross examination.

Listen carefully to the questions

The questions used during a cross examination are designed to

keep a witness off guard or, in some instances, to trick the
witness. Listen carefully to the question. Answer only what has
been asked. If you do not understand the question, ask the
judge to have it read back to you or rephrased by the
questioner.

You have the right not to know an answer

Cross examination can be difficult for a witness. Do not feel as

though you will be looked upon as a poor witness if you cannot
answer each and every question. If you do not know the answer
to a question, it is safer to say, “I don’t know,” than it is to
guess. The primary rule for a witness is to tell the truth, and
that includes admitting if you do not know or are unsure of an
answer.