GREGORY CHANDLER: THE 10 Commandments of Cross Examination

During the past 20 years, I have attended many lectures given by the National Institute of Trial Advocacy (NITA).  I recall attending a National Session of NITA in Boulder, Colorado and being instructed on Irving Younger's 10 Commandments of Cross Examination. 

A video of Younger's 10 Commandments of Cross Examination from the 1975 NITA National Session remains a major instructional video even today.  I present the 10 Commandments of Cross Examination below with my input.

1.  Be brief.

On cross examination, the goal is to get just a few important points from the witness.  Cross examination is not the point in the trial to build your case.  The cross examiner should get in quick and get out.  A long cross examination will give the witness an opportunity to present an argument against your side. 

2.  Short questions, plain words. 

Novice trial attorneys often violate this commandment of cross examination.  The cross examiner should make the questions short.  The cross examiner should also use plain words and avoid legal jargon.  This is especially important in jury trials. 

3.  Always ask leading questions. 

The cross examiner should control the witness by asking leading questions.  A good leading question gives the witness little or no ability to answer the question in a manner that impairs your side. 

4.  Don't ask a question to which you do not know the answer. 

This again, is a means of witness control.  For example, the cross examiner may ask the question, "Did you ever see Mr. Jones enter the building?"  In this instance, the cross examiner knows that the witness never saw Mr. Jones enter the building in question.  The cross examiner, therefore, knows that the witness cannot properly testify that she or he saw Mr. Jones enter the building in question. 

5. Listen to the witness' questions. 

Cross examiners often ask a question and then focus on the next question.  By paying attention to the witness' question, the cross examiner can ask the better question. 

6.  Don't quarrel with the witness. 

The cross examiner must understand that the witness on cross examination is, to some degree, either neutral or adverse.  If the cross examiner quarrels with the witness, witness control is often lost.  In addition, many jurors do not like to see attorneys quarrel with a witness. 

7.  Don't allow the witness to repeat his direct testimony. 

In most instances the direct testimony favors the other side.  Therefore, it is not advantageous to allow the witness to repeat the direct testimony.  Nonetheless, there is sometimes a reason to violate this commandment of cross examination.  When the direct testimony favors the cross examiner, it is sometimes good to let the witness repeat the direct testimony.

8.  Don't permit the witness to explain his answers. 

This commandment is part of witness control.  Again, this commandment may be violated when the cross examiner knows that there is no favorable way for the witness to explain the answer. 

9.  Don't ask the "one question too many."

This commandment is linked with the next commandment about saving something for summation. This commandment is also key in witness control. 

10.  Save the ultimate point of your cross for summation.    

The summation is the part of the trial when the trial attorney gets to argue the case.  Summation is called closing argument in many jurisdictions.  By saving the ultimate point for summation, the trial attorney is allowed to present the ultimate point in a manner that cannot be attacked by additional witnesses or evidence.  


Above, are Irving Younger's 10 Commandments of Cross Examination with my input.  A key theme of the 10 Commandments of Cross Examination is witness control.  The ultimate goal of the trial litigator is presenting the best case. 



GREGORY CHANDLER, Attorney at Law