As Australia’s premier witness training provider, Loquitur is pleased to provide the following continuing professional development cross examination training video free to all expert witnesses.
The video, titled “Expert Witness Cross Examination Training and Ethics” was presented by Hugh Stowe, a practising barrister of 5 Wentworth Chambers in Sydney to FTI Consulting. The video discusses:
Some definitions, including witness preparation, evidence preparation and witness training
Rules and obligations, and the ethical and strategic tension in expert witness preparation
Some specific pointers for expert witnesses when being cross examined by barristers, and examples of these
Categories of “Witness Training”, including mock cross examination, preparation on the substance of an expert’s evidence and rehearsal of cross examination based on an expert witness’ report
Considerations for ethical expert witness training
Sample mock cross examination, examples of advocate strategies during cross examination and feedback and analysis of these
02:07 Witness Training Definitions
03:30 Rules and Obligations in Respect to Expert Witness Training and the Ethical and Strategic Tension in Expert Witness Preparation
10:01 General Advice to Witnesses on Court Process
10:36 General Guidelines to Witnesses on Giving Evidence
15:40 Non-Case Based Mock Cross Examination of Expert and Lay Witnesses
16:44 Preparation Regarding Substance of a Witness' Evidence
21:26 Rehearsal of Cross Examination based on an Expert Witness' Report
28:20 Ethical Expert Witness Training Considerations
36:19 Sample Mock Cross Examination, Discussion of Barrister Strategies and Feedback
Designed for professionals who provide expert evidence, this course offers practical guidance on ethics, courtroom conduct, and cross-examination preparation.
01
Expert witnesses across all disciplines who give evidence in court or tribunal proceedings
02
Professionals new to expert witness work seeking to understand court expectations
03
Experienced experts aiming to refine their cross-examination technique and ethical awareness
04
Legal practitioners working with expert witnesses in litigation or advisory contexts
05
CPD/CLE coordinators sourcing accredited training in ethics and professional conduct
Loquitur is committed to equipping all witnesses with the confidence, knowledge and skills to handle all aspects of the evidential process.
Our mission is to deliver specialised witness training and support across
Australia and internationally, enabling witnesses to present articulate, persuasive, effective, and compelling testimony in all legal settings, such as courts, tribunals, inquiries, and arbitrations.
Self Paced Online Courses
Develop the essential skills, knowledge and confidence to present your evidence effectively. Specially designed courses empower both expert witnesses and lay witnesses to excel in their crucial role in the legal process with clarity and credibility
Enroll now
Witness Familiarisation
Prepare thoroughly for cross-examination with these live witness preparation courses specifically designed for both lay and expert witnesses, enhancing your ability to present evidence clearly and confidently in upcoming proceedings. Available live in person and live via video-call.
Learn more
Expert Witness Training
Live, bespoke and in-house training options for groups of experts and companies/organisations. Engage in tailored expert witness training to refine your employee’s skills across all aspects of the evidential process. These programs ensure expert witnesses are best placed to provide evidence, to the credit of themselves, and their organisations or employers.
Learn more
Witness Skills
Specifically designed for public servants, health professionals, local councils and emergency services personnel. This live and bespoke in house witness preparation training enhances your employee’s ability to give, collect, and prepare evidence, ensuring effectiveness in all legal contexts - including courts, subpoenas, and tribunals.
Learn more
Free Learning
Loquitur offers a free CPD training video for expert witnesses, focusing on cross-examination skills. This witness training video provides practical insights and techniques to help you deliver your testimony confidently and effectively under cross-examination. This CPD also considers ethical considerations for experts and their legal teams in expert witness preparation.
Learn more
Cross-examination of a witness is the process in a trial where the opposing party’s counsel questions a witness in court. Typically it is done by a barrister, but it can be a solicitor – or an attorney if in the USA. The purpose is to challenge the credibility of the witness’ evidence, clarify or undermine statements made, and uncover any inconsistencies or biases.
During cross-examination, the opposing counsel/barrister asks the witness a series of questions, often aiming to test the reliability and truthfulness of the witness’s earlier evidence. The questions can be leading, meaning they suggest the answer or require a simple “yes” or “no.” The goal is to highlight any discrepancies or weaknesses in the witness’ prior statements and evidence in chief through their testimony under cross examination.
The primary purpose of cross-examination is to test the credibility and reliability of the witness’ earlier evidence. It allows the opposing party to challenge the witness’ account, uncover inconsistencies, and present an alternative perspective to the jury or judge.
The first step in the evidential process is evidence in chief. This is often brief and can be provided in the form of a pre-prepared statement or affidavit. It is conducted by the counsel for the party calling that witness. Cross examination follows evidence in chief. After cross-examination, the barrister who originally called the witness may conduct re-examination. This process allows them to address any issues or clarify points that were raised during cross-examination. Re-examination is typically brief (and often not done).
Fundamentally expert witnesses are cross examined in the same way as lay witnesses. Barristers will try and test and undermine your evidence, looking for implausibilities or suggestions of bias or partiality. But there are different strategies for cross examining expert witnesses which can be learnt and understood. Experts can also be cross examined concurrently, which is known as “hot tubbing” of expert witnesses.
A witness can prepare for cross-examination by:
Participating in witness training courses like those offered by Loquitur (including cross examination training) can also provide valuable preparation, helping witnesses understand the process and thereby improve witness confidence.
To be a good witness in cross-examination:
Interested to see how we could help? Contact us using the form below. We will get back to you within 24 hours.
Call our head office:
Email us at:
