Kimball Jones

Cross-examination at trial is a major part of my success. I believe confessions from adverse witnesses are far more valuable than self-serving testimony from witnesses we call to support our case. Understanding that one of the best ways to prove a case is through adverse witnesses, I search for opportunities to take cross-examination beyond the battle for credibility. Whenever possible, I take the adverse witness to places they do not expect, using cross-examination as a tool to affirmatively prove my client's case. During this lecture, I will focus on key areas of cross-examination:

• Chipping away at credibility in voir dire and opening.
• Kindly destroying the defense witness's credibility early in cross.
• Asking the right questions (take no unnecessary risks and control the adverse witness).
• Body positioning, eye contact, and tone.
• Telling your client's story through the defense witness (hitchhike and make the witness empathize).
• Squeeze the lemon (make use of small details from expert reports/disclosures/depositions).
• Creatively attack the money bias of experts.
• Sinking the hook deep and reeling in slowly when the witness cheats, lies, or says something offensive.
• Forcing critical case admissions, especially the elements from jury instructions.
• Ambush and entertain to expose bad actors ("When a rooster crows...").