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Lexis Nexis Cross-Examination: Science and Techniques
Cross-Examination: Science and Techniques, Third Edition brings new views on Pozner and Dodd’s signature techniques and methods with known formats and examples.
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Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd’s classic work, written to meet the needs of today’s trial attorneys. Pozner and Dodd’s signature techniques and methodologies, which have brought them acclaim as the nation’s leading experts on cross-examination, are illustrated with numerous new examples added specifically for the Third Edition. The authors provide their best-ever coverage of the “chapter method” of cross-examination with additional excerpts to illustrate various trial scenarios. New content also includes Chapter 6 on Cross Preparation Systems: Sourcing the Facts, giving you the tools to immediately inform a witness, and the court, what electronic or paper document you are using and exactly where in the document is the material upon which you are questioning. As always, the authors, who have lectured on cross-examination to thousands of attorneys worldwide, guide you to successful trial outcomes with a conversational, engaging, and easy-to-read writing style.
Inside you'll find Pozner Dodd cross-examination advice on how to:
- Use opponents’ objections as the springboard for deeper and broader cross-examinations.
- Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility
- Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits.
- Use “double loops” to discredit opposing expert witnesses.
- Use voir dire to create great jurors
- Use a fact-driven investigation to develop a winning theory
- Use a witness’s own words to follow your theme and theory
- Control the runaway witness
- Communicate winning theories in opening, cross, and closing
- Use loops to box in the witness
- Use tactical sequencing to create the most powerful cross
- Convert a witness’s silence into admission of fact
- Induce the witness to voice your pre-selected words
- Prepare for devastating impeachment
- Close off any escape routes for the witness
- Punish the evasive or “I don’t know” witness
- Control the crying witness
- Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession
Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd’s treatise remains the definitive guide to preparing cross-examinations, only from LexisNexis.
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See the entire Pozner & Dodd portfolio plus their upcoming speaking engagements here.
Featured Authors
Larry Pozner
Roger J. Dodd
Larry Pozner
Larry Pozner is the preeminent authority on modern cross-examination. His full-day seminars, Pozner on Cross, are among the most popular CLEs in the United States. He has lectured throughout Canada, and in New Zealand, Brazil, Columbia, Puerto Rico, and Mexico.
Larry is a past-president of the National Association of Criminal Defense Lawyers and is one of the select trial lawyers listed in Best Lawyers in America in three categories; criminal defense-street crime; criminal defense-white collar, and civil bet- the- company litigation. Larry was trial counsel to the Denver Broncos franchise for more than a decade and successfully represented its principal owner, Pat O Bowlen, in a case concerning his purchase of the Broncos. In civil litigation Larry and his law firm won and collected a $111 million verdict vs. PNC Bank.
Larry was the NBC News commentator on the Oklahoma City bombing trials and provided commentary on many other cases including the Jon Benet Ramsey case, and the Kobe Bryant sex assault case. He has provided legal analysis for many networks including NBC, ABC, MSNBC, Fox, CNN, and Court TV.
Larry is now a trial consultant in civil and criminal defense cases. His services include structuring cross-examinations, case-theming. development of opening statements, and design of demonstrative aids.
Larry splits his time between homes in Kona, Hawaii, and Denver. His lecture schedule can be found here, and on his website www.pozneroncross.com.
Roger J. Dodd
Roger J. Dodd has active offices in Park City, Utah (Dodd & Kuendig), Valdosta, Georgia (Dodd and Burnham), and Jacksonville, Florida (Spohrer and Dodd) where he practices trial work of all types. This includes personal injury, wrongful death, criminal defense, and domestic relations. He has been listed in Best Lawyers for more than 20 years. He is one of a handful of lawyers nationally who are listed in Super Lawyers in more than one state simultaneously (Georgia, Florida and Mountain States (5). He was Board Certified by the National Board of Trial Advocacy in Civil Trial Practice from 1990 until 2020 (30 years) and was Board Certified in Criminal Trial Practice from 1989 until 2009 (20 years).
He has lectured and taught lawyers and judges in all 50 states, and multiple foreign countries. TV and legal credits include CourtTV, TruTV, CNN, ABC, and CBS. Mr. Dodd acts as co-counsel all over the United States and in select foreign countries. Additionally, he coaches individual lawyers in individual cases.
Table of contents
CHAPTER 1 PHILOSOPHY AND OVERVIEW OF THE SCIENCE OF CROSS
CHAPTER 2 THE CHAPTER METHOD OF CROSS
CHAPTER 3 DEVELOPING, PROMOTING, AND EMPLOYING OUR THEORY OF THE CASE
CHAPTER 4 CROSS-FOCUSED DISCOVERY AND INVESTIGATION
CHAPTER 5 CONSTRUCTIVE CROSS
CHAPTER 6 CROSS PREPARATION SYSTEMS: SOURCING THE FACTS
CHAPTER 7 CROSS-PREPARATION SYSTEM 1: DRAFTING TOPIC CHAPTERS
CHAPTER 8 CROSS-PREPARATION SYSTEM 2: SEQUENCE OF EVENTS CHARTS
CHAPTER 9 CROSS-PREPARATION SYSTEM 3: WITNESS STATEMENT COMPARISON CHARTS
CHAPTER 10 THE ONLY THREE RULES OF CROSS
CHAPTER 11 PAGE PREPARATION OF CROSS
CHAPTER 12 SEQUENCES OF CROSS
CHAPTER 13 DESTROYING SAFE HAVENS
CHAPTER 14 CROSS WITHOUT DISCOVERY
CHAPTER 15 CONTROLLING THE RUNAWAY WITNESS
CHAPTER 16 DEALING WITH THE "I DON'T KNOW" OR "I DON'T REMEMBER" WITNESS
CHAPTER 17 CREATION AND USES OF SILENCE
CHAPTER 18 VALUE-BASED CROSS
CHAPTER 19 IMPEACHMENT BY INCONSISTENT STATEMENT
CHAPTER 20 IMPEACHMENT BY OMISSION
CHAPTER 21 SPECIALIZED IMPEACHMENT TECHNIQUES
CHAPTER 22 REDIRECT AND RECROSS EXAMINATION
CHAPTER 23 DIMINISHING OR BUILDING THE POINT
CHAPTER 24 JUXTAPOSITION
CHAPTER 25 TRILOGIES
CHAPTER 26 LOOPS, DOUBLE LOOPS, AND SPONTANEOUS LOOPS
CHAPTER 27 VOICE, MOVEMENT, BODY LANGUAGE, AND TIMING
CHAPTER 28 COPING WITH OBJECTIONS
CHAPTER 29 RECOGNIZING AND CONTROLLING BAIT
[The following eight chapters are bonus chapters in the eBook version of Cross-Examination: Science and Techniques only]
eBOOK CHAPTER 30 EMPLOYING PRIMACY AND RECENCY
eBOOK CHAPTER 31 THE RELATIONSHIP OF OPENING STATEMENT TO CROSS
eBOOK CHAPTER 32 THE CRYING WITNESS
eBOOK CHAPTER 33 PRETRIAL APPLICATION—USE AT DEPOSITIONS AND PRETRIAL HEARINGS
eBOOK CHAPTER 34 HOW TO MASTER THE TECHNIQUES WITHOUT TRIAL EXPERIENCE
eBOOK CHAPTER 35 ANALYSIS OF TRIAL TECHNIQUES IN CROSS
eBOOK CHAPTER 36 PREPARING A WITNESS FOR CROSS
eBOOK CHAPTER 37 THE RELATIONSHIP OF CLOSING ARGUMENT TO CROSS
INDEX
