Every litigator has his or her own views on witness examination. These views are often grounded on commonly-cited truisms with which litigation attorneys have been familiar since law school. But many of these truisms are so commonly accepted that they are rarely examined in the context of modern, real-world litigation. How have they held up in our changing litigation landscape, outside the theoretical ivory tower?
Should they be followed literally, modified or adapted to fit modern practice and differing situations, or not relied on at all?
1. Ask Leading Questions on Cross, Not Direct
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