The document outlines strategies for effective trial advocacy, including when and how to conduct cross-examinations, developing a case theme, understanding important rules of evidence, plotting cross-examination strategy in advance, selecting an effective sequence of questions, controlling cross-examinations, and building a powerful closing argument. It provides tips on each of these aspects of litigation and emphasizes starting early in developing an overall case theme and strategy.

1. LITIGATING TO WIN THROUGH ADVANCED
TRAIL ADVOCACY
NBI Seminar December 17, 2010

2. V. COMPREHENSIVE CROSS
EXAMINATION
NBI Seminar December 17, 2010

3. VII. BUILDING A POWERFUL
CLOSING ARGUMENT
NBI Seminar December 17, 2010

4. TABLE OF CONTENTS
I. Should You Always Use Cross-Examination?
II. Developing Causes of Action and the Case
Theme
III. Rules of Evidence You Need to Know
IV. Plotting Your Strategy Beforehand
V. Selecting an Effective Sequence for Cross-
Examination
VI. Destroying Safe Havens
VII. Handling and Introducing Exhibits
VIII. Effective Cross-Examination of Expert Witnesses

5. TABLE OF CONTENTS
I. Anatomy of a Persuasive Closing Argument
II. Using Body Language to Make Your Point
III. How Pace and Tempo Can Bolster Your Case
IV. Problem Solving With Your Closing Argument
V. Effective Use of Analogies, Fables and
Metaphors
VI. Pitfalls to Avoid When Making Closing Arguments

6. WHEN TO CROSS
Don’t cross examine a witness just
because he/she is a witness detrimental
to your case.
Only cross examine if doing so can help
your case.
Cross examining a witness that hurts
your case only serves to solidify your
opponents position.

7. DEVELOPING CASE THEMES
Start early—well ahead of trial
Outline theme, story, witnesses and
exhibits in voir dire and opening
statements
Your cross examination should be
consistent and move your case theme
forward

8. RULES OF EVIDENCE
• Rule 401—Definition of Relevant Evidence
• Rule 403—Exclusion of Relevant Evidence on Grounds of
Prejudice
• Rule 404—Character Evidence Not Admissible to Prove Conduct
• Rule 602—Lack of Personal Knowledge
• Rule 701—Opinion Testimony By Lay Witness
• Rule 801—Hearsay Defined
• Rule 803—Hearsay Exceptions
• Rule 804—Hearsy Exceptions; Declarant Unavailable
• Rule 1001—Definitions of Writings Recordings and Photographs
• Rule 1002—Requirement of Original
• Rule 1003—Admisibility of Duplicates
• See the attached handout

9. PLOTTING YOUR STRATEGY
Start early—well ahead of trial
What can this witness say that can help
your case?
How do you make him/her say it?
Think outside the box
Don’t let the witness get comfortable
• Don’t let them anticipate the next question

10. SELECTING A SEQUENCE
Do not take the witness’ deposition a
second time
• You only have the jury’s attention for a short
time, use it wisely. Be selective about your
questions.
• Impeachment on anything but a material
question of fact is ineffective, and improper.
• End on an up tick.

11. TAKING CONTROL
Focus on the examiner—not the witness
Use controlling, confining, leading
questions
Only ask questions to which you already
know the answer
Do not argue with the witness
Do not restate direct examination
Do not let the witness explain

12. TAKING CONTROL
You, the witness and the jury
should always feel like the piano is
about to fall. Taking control means
the witness knows it is coming but
cannot avoid it because you have
boxed him/her in with your
questions.

13. TAKING CONTROL