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Did I cross the road? Of course I did. Why shouldn’t I? Yes, I crossed the road. Wouldn’t you have done the same thing? Yes. What would you have done? The best way to treat these questions is to regard them as rhetorical. Make no answer. In fact ethically you are not allowed to answer. ” 24 Advocacy [3040] Nearly all witnesses are polite and confine their evidence to the questions they are asked. Occasionally witnesses will get miffed if they feel that they are being prevented from giving all the evidence they want to give.

Occasionally witnesses will get miffed if they feel that they are being prevented from giving all the evidence they want to give. This will often be true because a witness might not be aware of what evidence is relevant and what is admissible. Imagine that you have done your best to guide a witness away from a piece of evidence that should not be given. ” [3045] Usually the judge or magistrate will speak to the witness about keeping the evidence to the point of the question. What is often more useful, particularly in a jury case, is for you to give a brief explanation.

You should always watch the witness. You must listen carefully to the answers and tailor the rest of your questions based on every answer the witness gives. Young advocates may lack confidence due to misgivings about the quality and thoroughness of their preparation. Though you may find it difficult, refrain from making notes while a witness is giving evidence. From the outset you should try to emulate the methods of good advocates. Leading questions [5110] Leading questions can be asked in cross-examination.

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