Tuesday, August 29, 2023

How Not to Cross-Examine a Witness: Courtroom Humor

 


Don’t shoot yourself in the foot. Leading questions on cross. Leading questions. Leading questions. Open-ended cross-examination questions can have repercussions.

The following is a courtroom cross-examination exchange between a defense attorney and a plaintiff farmer with a bodily injury claim. 

Q: "At the scene of the accident, did you tell the constable you had never felt better in your life?"

A: "That's right."

Q: "Well, then, how is it that you are now claiming you were seriously injured when my client's auto hit your wagon?"

A: "When the constable arrived, he went over to my horse, who had a broken leg, and shot him. Then he went over to Rover, my dog, who was all banged up, and shot him. When he asked me how I felt, I just thought under the circumstances, it was a wise choice of words to say I've never felt better in my life."

Source: Houston, Texas insurance agent.