Today's lesson: Cross examination don'ts -- opening the door.
Cross examination of my client by opposing counsel, Mr. B, with regard to the prior testimony of two other witnesses, Mr. S & Mr. R.
CROSS-EXAMINATION (By Mr. B):
. . .
Q. In Mr. S's testimony yesterday, was he lying?
A. Yes.
Q. In Mr. R's testimony yesterday and earlier today, was he lying?
A. Yes.
. . .
RE-DIRECT EXAMINATION (By me):
. . .
Q. When Mr. B was cross-examining you, did he ask you if Mr. S was lying in his testimony, and did you answer yes?
A. Yes.
Q. Why?
MR. B: Objection.
THE COURT: Well -- it's a fair question, I'll let it in.
A. [15 minute discussion of why Mr. S's testimony just makes no sense]
Q. Now, when Mr. B was cross-examining you, did he ask you if Mr. R was lying in his testimony, and did you answer yes?
A. Yes.
Q. Why?
MR. B: Objection.
THE COURT: [stern look at Mr. B]
A. [10 minute exegesis on why Mr. R's testimony isn't in accord with the facts and documents]
Q. No further questions.
CROSS-EXAMINATION (By Mr. B):
. . .
Q. In Mr. S's testimony yesterday, was he lying?
A. Yes.
Q. In Mr. R's testimony yesterday and earlier today, was he lying?
A. Yes.
. . .
RE-DIRECT EXAMINATION (By me):
. . .
Q. When Mr. B was cross-examining you, did he ask you if Mr. S was lying in his testimony, and did you answer yes?
A. Yes.
Q. Why?
MR. B: Objection.
THE COURT: Well -- it's a fair question, I'll let it in.
A. [15 minute discussion of why Mr. S's testimony just makes no sense]
Q. Now, when Mr. B was cross-examining you, did he ask you if Mr. R was lying in his testimony, and did you answer yes?
A. Yes.
Q. Why?
MR. B: Objection.
THE COURT: [stern look at Mr. B]
A. [10 minute exegesis on why Mr. R's testimony isn't in accord with the facts and documents]
Q. No further questions.