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

Constructive Cross for Depositions and Trials

Performed by: Matthew A. Dodd and Patricia C. Kuendig
With commentary and analysis by Roger J. Dodd

Using trial and deposition examples, this program demonstrates how to constructively prove your case through opposing witnesses and their experts on cross-examination. It begins with depositions that don’t simply “discover” facts but seek and secure verbal admissions. By doing so, opposing counsel is forced to choose between not calling their witnesses—leaving your evidence unchallenged—or proceeding despite knowing you already have the ammunition.

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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. Fromer)

Performed by: Roger Dodd and Adam Slater
With commentary and analysis of Adam Slater’s cross-examination

This video features cross-examination of defense expert Dr. Debra Fromer, a urogynecologist from Hackensack, New Jersey, where the case was tried. Dr. Fromer testified that the Prolift device was not defective, that its warnings were accurate, and that it did not cause the plaintiff’s condition. Before her testimony, the defense represented to the Court that Dr. Fromer would provide the key evidence needed to establish the state-of-the-art defense—an absolute defense to liability under New Jersey law if proven. Following the cross-examination, however, the Court declined to charge state-of-the-art.

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Jan and Susan Design Jan and Susan Design

Advanced Cross Examination: Remote/Zoom Cross (Episode 2 of 4)

Performed by: Roger Dodd and Chuck Rathburn

Episode 2 — Constructive Cross with Chuck Rathburn
This session focuses on constructive cross-examination in both depositions and trial. Dodd and Chuck Rathburn demonstrate how to make verbal requests for admissions, apply neuroscience to storytelling, and use word selection and emotional framing to make the opposing expert your own.

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