Let the Laywers Argue It Out

Nicely played, Dr. Superdoc. An objection often has very little to do with you. Just wait patiently while the lawyers argue the objection.

Our story continues...

First, an aside. Notice that the questions on cross examination are very different than direct examination. Attorneys are permitted to ask leading questions on cross examination. The questions may be insulting or sarcastic. The proper tone in responding to cross examination is identical to the tone on direct examination. The expert is calm and gives factual answers to each question. This bolsters the witness’ image as an impartial expert who is merely present to assist the court in an area of his or her expertise.

For some examples of poor responses to cross examination, view the following video clip. (In this video we present testimony in a different enviornment: a deposition. A deposition is a sworn statement made in front of an attorney instead of a judge. A deposition usually happens in an office instead of a court room. The techniques for giving a deposition are very similar to giving court tstimony.)

Returning to our story, you find yourself in a bit of a predicament.

Even though you read the chart 3 times last night you just can’t remember what ear the bruising was on. What’s worse you know exactly where this question is going – and the bruise on Nevaeh’s ear wasn’t the result of an impact to the side of the head. (Even though that can, rarely cause bruises on the ear.) You want to make sure the attorney can’t make the jury believe that this was all a simple fall.

What are you going to say?

"The bruise was on the left ear." (The attorney is looking at your notes. Clearly she knows what you wrote.)

"The bruise was on the right ear."

Regardless of which ear the bruise was on, Nevaeh’s bruise looked a lot more like a pinch mark.

I’m not sure. Could I look at my visit note and refresh my memory.