Jan 14 2025 28 mins 7
In Episode 62, Philadelphia trial lawyer and NITA Program Director Tom Innes introduces listeners to cross-examination math and how the idea of “less is more” increases the impact of the questions counsel poses to a witness. Control is the name of the game in cross, so Tom also shares how to shepherd witnesses through cross, why to restrict interrogatories in the phrasing of questions, and why less is even more when examining an expert.
Timestamps & More
Topics
3:06 How to think about cross
3:53 Objectives of cross
5:05 Rules of cross-examination math
6:41 Why concision helps your finder of fact
9:22 Controlling an adverse or difficult witness
10:15 Cross demo
14:12 Omitting the interrogatory
17:00 Expert versus fact witness
18:11 When to break the “cross math” rule
23:26 Signoff questions
Quote
“Every word you put into a leading question permits the witness to decide which word they will, or they can, disagree with or work around or give you a hard time about.” Tom Innes
Resources
Tom Innes (bio)
Judge L. Felipe Restrepo (bio)
Mary DeFusco (bio)
Building Trial Skills Philadelphia (program)
