To Cross Or Not To Cross, That Is The Question...

Law360, New York (March 11, 2010, 2:25 PM EST) -- Almost never pass up the chance to cross-examine. First, jurors assume that every witness called against you did hurt you, even if, at the moment, they do not quite see how.

Second, in the majority of instances, jurors assume that your failure to cross-examine a witness demonstrates the inability to do so, rather than the absence of a need to do so. Only in the rarest instance will an entire direct examination fall so short or wide of the mark that a “No questions” is appropriate....
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