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. 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
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 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
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
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
Advanced Cross-Examination: Emphasis on Cross-Examinations in 3 Venues—featuring Cross at Trial, at Depositions, and at Remote Depositions (Episode 4 of 6)
Performed by: Roger J. Dodd
Episode 4—Methods & Techniques Discussed: (not limited to those listed)
Experts
Deposition ‘Chapters’
Page Preparation for Cross
Advanced Cross-Examination: Emphasis on Cross-Examinations in 3 Venues—featuring Cross at Trial, at Depositions, and at Remote Depositions (Episode 5 of 6)
Performed by: Roger J. Dodd
Episode 5—Methods & Techniques Discussed: (not limited to those listed)
Bait
Sequences at Depositions
Sequences at Trial
Breaks at Depositions
Transitions
Risk / Benefit
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
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
Advanced Cross Examination: Remote/Zoom Cross (Episode 2 of 4)
Featuring: Chuck Rathburn
Episode 2: Emphasis on CAMERA CROSS, Featuring Constructive Cross-Examination in both Depositions and Trial
Methods & Techniques Discussed: (not limited to those listed)
Verbal Requests for Admissions on Cross-Examination at Depositions
Listening in Cross-Examination
Storytelling
Neuroscience
Word Selection
Making Their Expert Our Expert
Chapters in Depositions and in Zoom Depositions
Chapters Based on Feelings
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
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