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
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
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
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
Cross-Examination of an Orthopedist: Dr. Clement Jones (Episode 1 of 2)
Runtime: 3:56:23
Performed by: Brian Panish & Spencer Lucas
With commentary and analysis of Brian Panish’s cross-examination.
Episode 1—Methods & Techniques Discussed: (not limited to those listed)
Bus Reconstructionist and Bio-Mechanical Expert
Bias, Interest, and Motive
Cross-Examination of Failure to Produce
Expert Fees and Discount
Use of Deposition for Impeachment
Opening Sequence of Cross on Expert
Common Spontaneous Loops for Experts
Cross of Expert CV
Access to Witness’s Notes While on the Stand Testifying
How Volume of Cross-Examiner’s Voice Impacts Dramatic Moments
Cross-Examination of an Orthopedist: Dr. Clement Jones (Episode 2 of 2)
Runtime: 3:56:23
Performed by: Brian Panish & Spencer Lucas
With commentary and analysis of Brian Panish’s cross-examination.
Episode 2—Methods & Techniques Discussed: (not limited to those listed)
Primacy and Recency
Reversal
Using Witness’s Titles
Relying on the Three Rules
Confronting Witness with Retractions
Confronting Witnesses with Lies and Intentions
Overcoming Obstructive Objections
Examples of Ways to Control an Evasive Expert Witness
The Effective Use of Constructive Cross