Quite often at trial, a witness or a party to an action will offer a different response to a previously asked question in an attempt to create a more favorable impression in the minds of the jurors. While a certain amount of modification or change might seem reasonable or even innocuous, such action provides ample opportunity to attack the witness.
In such a situation, the goal of the cross-examiner is three fold: First, to point out the change or inconsistency in clear and unambiguous terms. Second, to get into the witness’ mind to explore the reason(s) for the change. Third, to develop sufficient factual support to create a logical and compelling argument for summation that the change was deliberate, significant and designed to enhance his position rather than offered merely to provide reasonable clarification.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
