Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Constructive Cross for Depositions and Trials

Runtime: 3:11:22

Performed by: Roger Dodd, Matthew A. Dodd and Patricia C. Kuendig / Co-produced by Kimberly McCoggle

Methods & Techniques Discussed:(not limited to those listed)

  • Comparing and Contrasting Cross for Trial and for Depositions

  • Developing Chapters and Sequence of Chapters

  • Imagining and Visualizing Cross Chapters Including Word Selection

  • Prepare, Listen, and Practice

  • Comparing Different Generations of Cross-Examiners and Male and Female Lawyers

  • Quoting Bad Language on Cross

  • Negative Imaging

  • Teaching at Depositions to Drive Settlements

  • “I Don’t Know” Witnesses and How to Turn Them to Our Side

  • How to Build “Lock-In” Chapters

  • The Difference Between Teaching and Advocating

  • Documents at Deposition Cross

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Cross-Examination of an Investigating Officer

Runtime: 3:16:01

Performed by: Joseph Low
With commentary and analysis by Roger Dodd

Methods & Techniques Discussed:(not limited to those listed)

  • Cross-Examination of an Investigating Officer

  • Bifurcated trial for Liability and for Damages

  • Cross reacting to the Demeanor of Witness

  • Chapters on Body Language

  • Explaining ‘Why’ to the Jury Without Using the ‘Why?’-Phrased Question

  • Singling Out Jurors for Specific Chapters

  • Avoiding Emotional Over-Selling

  • How to Avoid Tone of Questions That Evoke Fear or Judgment in Jurors

  • Low-Tech Demonstratives

  • Pretrial Drafts

  • Credibility Cross

  • Reflecting the Judge’s Degree of Care

  • Grey Areas: Whether and When to Do It

  • Asking Questions the Jury Wants to Ask

  • Preparation of Cross

  • Cross of Suppression of Information

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Cross-Examination in Medical Malpractice Case

Runtime: 3:32:01

Performed by: Roger Dodd & Lloyd Bell
With commentary and analysis of Lloyd Bell’s cross-examination.

Methods & Techniques Discussed: (not limited to those listed)

  • Calling Opposing Party’s Witnesses for Cross-Examination

  • Calling Opposing Party’s Witness for Constructive Cross-Examination

  • Delivering Testimony in the Form of Chapters and Chapter Bundles

  • Using Demonstrative Evidence in Cross-Examination

  • Performing Serial Impeachments

  • Making Impeachments More Memorable

  • Listening for Spontaneous Loop Opportunities and Recency to Close a Cross-Examination

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Cross Examination in Trucking Cases

Runtime: 3:12:30

Performed by: Roger Dodd & Joe Fried

Methods & Techniques Discussed: (not limited to those listed)

  • Integrating the Specific Narrative Into Major Cross-Examinations at Depositions and Trial

  • Narrowing the Focus Within the Narrative

  • Examples of Fatigued Drivers, Extreme Caution, Scanning While Driving, and Attitude While Driving

  • Making Adverse Witnesses Want to Like You on Cross

  • Measuring Tone, Conversation, and Personalization

  • Having a Plan

  • Sudden Emergencies

  • Knowing When to Hold Back Techniques From Deposition

  • Sequencing

  • Goals at Deposition

  • Objections at Depositions

  • Managing Fear While on Cross

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Advanced Cross-Examination: Emphasis on Cross-Examinations in 3 Venues—featuring Cross at Trial, at Depositions, and at Remote Depositions (Episode 1 of 6)

Performed by: Roger J. Dodd

Episode 1—Methods & Techniques Discussed: (not limited to those listed)

  • Over-arching principles

  • Relationship of Deposition to Trial

  • Principles applied to Depositions

  • Constructive Cross

  • Teaching facts instead of conclusions

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Advanced Cross-Examination: Emphasis on Cross-Examinations in 3 Venues—featuring Cross at Trial, at Depositions, and at Remote Depositions (Episode 6 of 6)

Performed by: Roger J. Dodd

Episode 6—Methods & Techniques Discussed: (not limited to those listed)

  • Trilogies

  • Answering “Yes”

  • More on Experts

  • “I don’t know” and “I don’t remember” Witnesses

  •  20 Ways to Control the Difficult Witness

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Advanced Cross Examination: Remote/Zoom Cross (Episode 1 of 4)

Performed by: Roger J. Dodd

Episode 1: Emphasis on Remote (Zoom) Cross featuring Spontaneous Loops and 20 Ways to Keep Control of a Witness

Methods & Techniques Discussed: (not limited to those listed)

  • One Complete Integrated Trial System

  • Keep Quality, but Save Time in Preparation

  • Controlling Ourselves – Reduce Our Fear and Anxiety

  • The Skill of Listening in Cross-Examination

  • Loops

  • Double Loops  - Works on Expert Cross-Examination

  • Spontaneous Loops

  • Control Techniques in Zoom Applications

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Advanced Cross Examination: Remote/Zoom Cross (Episode 3 of 4)

Performed by: Roger J. Dodd

Episode 3: Emphasis on CAMERA CROSS, Featuring Preparations Before the Camera Rolls and Other Considerations

Methods & Techniques Discussed: (not limited to those listed)

  • Techniques that Work Better in Zoom

  • Zoom Fatigue and Solutions

  • Distractions Compared to Live Venues

  • Zoom Focus is Different

  • Distractions That Can be Controlled or Eliminated

  • Solutions when Technology Fails

  • Establishing Protocols that work on Zoom

  • Being Responsible for Entire Team

  • Cross-Talk in Zoom

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Constructive Cross-Examination Jan and Susan Design Constructive Cross-Examination Jan and Susan Design

Advanced Cross Examination: Remote/Zoom Cross (Episode 4 of 4)

Performed by: Roger J. Dodd

Episode 4: Emphasis on CAMERA CROSS, Featuring Viewing Considerations and Playing at Trial Considerations

Methods & Techniques Discussed:(not limited to those listed)

  • Handling Documents in Zoom

  • Relevant and Really Relevant in Zoom

  • Rehearsals in Preparations

  • Having Back Ups

  • Where are the Eyes?  Their Importance.

  • Desktop? Laptop? Smartphone?

  • What else is in the Background?

  • Shadows with all the Participants

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