Advocacy Assignment 5 1. Purpose of the Exercise.

To plan, structure, organize, prepare and present a cross examination (with impeachment for prior inconsistent statements) of witnesses in the Taylor case 2. Assignment. There are three parts to this assignment. The first part is your individual organization, preparation and performance of a cross examination of a witness who has just testified in a case. The second part is your service as the witness as another student conducts a cross examination of you. The third part is your service as opposing counsel to make objections and protect the record during your opponents examination. a. Cross Examination Performance. In accordance with the assignment below, prepare a 7-9 minute cross examination in the Taylor case. Your job is to tell your story through the witness, using cross-examination. Use single-fact, leading questions to advance your factual theory, legal theory, and case theme. Do not lose control of the witness, but remember the admonition that you dont have to be cross on cross. You also have to pay attention to what the witness says on direct examination and be able to impeach the witness with inconsistent statements on cross-examination. b. Rules. (1) Your instructor will conduct a direct examination of the witness. Just before the examination, the instructor will provide the witness with information that will contain some inconsistencies with their deposition transcript and information in the case file. You should take notes and identify inconsistencies during the direct examination for use on cross-examination. Following the direct examination, students assigned to cross-examine will take turns cross-examining the witness. For variety, different students will play the witness role, but all students playing the witness role will be bound by the instructors direct examination and inconsistencies raised therein. The entire exercise will then be repeated with the second witness. (2) You are not permitted to meet beforehand with your witnesses to discuss their testimony or prepare them for their examination. (3) Do not use diagrams or exhibitsother than deposition transcriptsin this exercise. (4) When you play the witness in this case, your testimony must be consistent with the case file, as modified by the direct examination conducted by the instructor. You will be impeached using information in the case file. c. Witness Duty. In accordance with the chart below, prepare to play the part of the witness. You should prepare by carefully reading anything in the case file pertaining to that witness. Recall the no-Jackass rule we discussed the first day of class, but keep in mind that you are being cross-examined. If the attorney does not control you with single-fact, leading

questions, take advantage of the opportunity to explain yourself. Answer the question the attorney actually asks, not the one you think he or she meant to ask. Keep in mind that most defendants have a vested interest in ensuring that the cross-examination of them does not succeed. As a witness, you may take one notecard, prepared only by you, on the stand to help you remember facts. 3. Evaluation Criteria. a. b. Uses single-fact leading questions Controls witness through the use of detail and single-fact leading questions

c. Cross-examination is effectively organized to advance case theory d. Goals of cross-examination are evident from structure and questions e. Avoids open-ended questions f. Does not argue with the witness, but rather controls witness through effective crossexamination basics g. Effective use of headnotes and other transitional devices h. Cross-examiner isolates and identifies actual inconsistency. i. Effective use of 3 Cs methodology: commit, credit and confront.

j. Smooth and effective use of prior statement (mark, show to counsel, show to judge, show to witness) as part of impeachment 4. Witness, Attorney & Opposing Counsel Roles. Even-numbered students will prepare the cross-examination of Dr. Alex Slabin and will be prepared to play the witness role of Dr. Dusty Stockard. Odd-numbered students will prepare the cross-examination of Dr. Dusty Stockard and will be prepared to play the witness role of Dr. Alex Slabin. Students will play the role of opposing counsel as assigned by instructors.