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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Expert Witness Cross-Examination Jan and Susan Design Expert Witness Cross-Examination Jan and Susan Design

Cross-Examination of a Medical Expert (Dr. Amos)

Runtime: 3:16:45

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

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

  • Cross of Opposing Doctor Expert

  • Expert Impeachments from Websites

  • Cross of the Expert “I Don’t Know” Witness

  • Spontaneous Loops of the “I Don’t Know” Expert Witness

  • Linguistics

  • Listening for Spontaneous Loop Opportunities

  • Examples of “Don’t Start” Questions

  • Constructive Cross-Examination

  • Conclusions and Losing Control

  • How Experts Hide Behind Conclusions

  • “Why?” Questions Inviting Danger

  • Demeanor of Cross-Examination

  • Cross of Expert Who Tries to Use Ethics Justifications

  • “What Not Done” Chapters

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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: 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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