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

Read More
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

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

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

Runtime: 3:33:57

Performed by: Adam Slater
Commentary and analysis of Adam Slater’s cross-examination by Roger Dodd.

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

  • Constructive Cross of Doctor in Pain Sequences and Medical Malpractice

  • Sequence of Cross, Especially the Starting and Ending of the Cross-Examination

  • Use of Writing Report or Deposition, and Factors to Consider

  • Preferable Speeds of Cross

  • Inferences Ask or Permit the Jury to Use Their Judgement

  • Significance of Page and Line Number

  • “What Not Done” Chapters and How to Make Them Bigger

  • When Experts Use Conclusions

  • How to Give a Closing Argument in Cross-Examination

Read More
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

Read More