During cross-examination, controlling a witness is crucial, especially when they employ evasive tactics. Here are six effective techniques to manage this situation, each increasing in confrontational tone, tailored to the witness's level of evasiveness.
Establishing Agreement: Start by encouraging the witness to answer simply with "yes" or "no." For example: "Dr. Best, can we agree that most of my questions will be answered with a simple yes or no?" However, be cautious; this tactic can backfire if it seems you’re trying to manipulate the witness.
Technique #1—Repeat the Question: If the witness begins to ramble, restate your question directly. This reinforces your request and highlights their evasiveness to the jury.
Technique #2—More Confrontational Repetition: If necessary, escalate by directly asking the witness if they can repeat your question or if something is preventing them from answering.
Technique #3—Let Them Ramble: If the witness insists on lengthy responses, take a step back—literally. While they talk, show disinterest, then ask, “Are you finished?” This underscores their avoidance.
Technique #4—Write the Question: Display your question visibly and read it aloud. If the witness answers incorrectly, highlight that discrepancy to emphasize their evasiveness.
Technique #5—Physical Gesture: A simple hand gesture, like raising your palm to signal them to stop, can effectively regain control.
Technique #6—Seek the Judge’s Assistance: While it’s generally best to handle evasive witnesses independently, don’t hesitate to ask the judge for help in critical situations to preserve your case. Ask the court to direct the witness to answer the question.
Using these techniques can sharpen your cross-examination skills and keep evasive witnesses in check, much like a skilled conductor guiding an orchestra through a complex score.
For more on the art of cross-examination, click here to get your copy of Cross-Examination Handbook: Persuasion, Strategies, and Techniques.
