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How do I survive being cross-examined?



 
 
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  #21  
Old July 28th 08, 05:43 PM
amiducour amiducour is offline
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First recorded activity at LegalBanter: Jul 2008
Location: West Yorkshire
Posts: 23
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Quote:
Originally Posted by Anthony R. Gold View Post
On Sun, 27 Jul 2008 20:15:32 +0100, amiducour
wrote:

Well actually such a question as to whether you are still beating your
wife can easily be answered yes or no, indeed how else can you answer
such a question without getting involved in a protracted argument,
exactly what the asker of the question wants. The answer is no, and the
same to the follow-up, ‘so you admit to beating your wife at some time?’
The point is any other answer simply invites trouble. How would you
answer such a question?


You simply answer: "I don't understand the question". And give that same
answer to any compound questions such as "Did you go to ... to do ...".
All you need is do is give the defence counsel the time and opportunity to
object to the question, assuming he hadn't already noticed, or else for the
judge to come to intervene on his own initiative. A witness is not left
alone in a one-to-one combat with the examiner even if certain movies or TV
programmes lead people to expect that.

Tony
Perfectly understandable approach Tony, although if you did it in my court I would expect an advocate to invite me to instruct you to answer as the question is not obtuse and is capable of being understood. Whether it's an approriate question to ask is of course another matter, which would depend upon the circumstances of the individual case. In general I can't see the grounds for an objection to a question asked of a witness 'did you go to....to do........' if it is germain to the matter before the court. If you were asked 'did you go to the Lion public house on Friday 13th of May' you could hardly claim not to understand the question, it's a yes/no answer, which is where i came in.
  #22  
Old July 30th 08, 12:57 PM
totallystressed totallystressed is offline
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Posts: 3
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Quote:
Originally Posted by amiducour View Post
Perfectly understandable approach Tony, although if you did it in my court I would expect an advocate to invite me to instruct you to answer as the question is not obtuse and is capable of being understood. Whether it's an approriate question to ask is of course another matter, which would depend upon the circumstances of the individual case. In general I can't see the grounds for an objection to a question asked of a witness 'did you go to....to do........' if it is germain to the matter before the court. If you were asked 'did you go to the Lion public house on Friday 13th of May' you could hardly claim not to understand the question, it's a yes/no answer, which is where i came in.
Thanks to you (and everyone) for your advice. I attended court on the day -got there at 9am, he didn't appear and at 1pm a court official came and told us that a court bailiff had been to his home to find out what was going on.

He claims he was too ill to attend - but didn't ring the court to say this! The case has been adjourned for another date to be set. He has been instructed by the court to provide a doctor's note for the day and a prognosis from the doctor as to when he will be fit enough to attend court.

It seems to be more mind games that he is playing with me and the other witness to shake our confidence - its not working and I won't let it!

Thanks again everyone - I went into court feeling very confident and even light in mood, had a laugh with the witness care people, at his expense of course. I felt fine on the day.

Cheers
Suzy.
  #23  
Old July 30th 08, 03:48 PM
amiducour amiducour is offline
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First recorded activity at LegalBanter: Jul 2008
Location: West Yorkshire
Posts: 23
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Quote:
Originally Posted by totallystressed View Post
Thanks to you (and everyone) for your advice. I attended court on the day -got there at 9am, he didn't appear and at 1pm a court official came and told us that a court bailiff had been to his home to find out what was going on.

He claims he was too ill to attend - but didn't ring the court to say this! The case has been adjourned for another date to be set. He has been instructed by the court to provide a doctor's note for the day and a prognosis from the doctor as to when he will be fit enough to attend court.

It seems to be more mind games that he is playing with me and the other witness to shake our confidence - its not working and I won't let it!

Thanks again everyone - I went into court feeling very confident and even light in mood, had a laugh with the witness care people, at his expense of course. I felt fine on the day.

Cheers
Suzy.
Good for you Suzy, I'm glad we were able to help. Good luck for the future.
 




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