I wish I could take credit for this brilliance. You will use 1-9 for every cross examination, but the 10th will happen in truly special circumstance.
1. Be Brief
If you are brief, the judge will remember it. It may not be persuasive, but at least it will be remembered and that's half way there. But if you are not brief, you may not be remembered and then there's no chance to be persuasive.
2. Short Questions and Plain Words
Don't try to be fancy. Don't say "motor vehicle", say "car".
3. There is no restriction on the form of a question.
On direct examination, you can not use leading questions. Questions that are designed to illicit a specific response. On cross examination no such restriction exists, however, they should be leading questions for practical reasons. You want the witness to say exactly what you want them to say. You want to put words in their mouth. Never say "why".
4. Ask only questions to you already know the answer.
Cross examination is not a deposition. It's not a discovery. It's the occasion you use to get the point you need to include and drive home in your summation. "The respondent is your son correct?" is ok, you know the answer. "You love your son don't you?". You don't the answer to that question so don't ask it.
5. Listen to the answers.
You never know when you get a gift from heaven in the form of an answer that makes your case, or at the very least destroys the witness. Don't let that answer be glossed over and pass you by because you weren't listening and didn't expect it.
6. Don't fight with the witness.
Don't give the witness a chance to realize they said something wrong. Stop. Save it for summation to attack their credibility when they won't have the chance to defend themselves, you got your answer.
7. Never permit the witness to repeat on cross examination what they said on direct examination.
If the judge hears something once, they may or may not believe it. If they hear it twice they probably will believe it. If they heard it a third time they most certainly will believe. If it's in writing few things on this earth will persuade them not to believe it.
8. Don't permit the witness to explain anything.
Only let them give yes and no questions. Of course their redirect you have no control, and the judge may say let them explain; you can't do anything about that. All you can do is control your side, don't let them explain and cut them off when you hear "yes, BUT"... cut them off.
9. Avoid one question too many.
You'll know instantly when you've done it - but it will be too late to bring it back, especially if you are violating rule 4. When you got what you came for, stop.
10. Save the point for summation.
Don't break the first commandment by feeling you have to explain a point you've won on cross then and there, out of fear that the judge didn't catch it. Wait until closing when you can circle back and nail that memory and point in place by repeating it and giving the implications then.
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