Expert Witness Cross Examination Training CPD
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.
Further, as an ethics presentation it will likely count toward experts’ ongoing ethics CPD/CLE training compliance obligations.
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
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Timestamps of free ethics CPD course:
- Witness Training Definitions – 02:17
- Rules and Obligations in Respect to Expert Witness Training and the Ethical and Strategic Tension in Expert Witness Preparation – 03:30
- Categories of Witness Training
- Ethical Expert Witness Training Considerations – 28:20
- Sample Mock Cross Examination, Discussion of Barrister Strategies and Feedback – 36:19
- a) General Advice to Witnesses on Court Process – 10:01
- b) General Guidelines to Witnesses on Giving Evidence – 10:36
- c) Non-Case Based Mock Cross Examination of Expert and Lay Witnesses – 15:40
- d) Preparation Regarding Substance of a Witness’ Evidence – 16:44
- e) Rehearsal of Cross Examination based on an Expert Witness’ Report – 21:26
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Loquitur provides top-tier witness training from Australia’s premier expert witness training organisation. Our courses, designed by practising legal professionals and delivered by practising barristers, offer real-world techniques and flexible online options. Training is tailored for expert, lay, and professional witnesses, adhering to the highest ethical standards.
Key benefits include:
- Expert-led training
- Real-world techniques
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- Comprehensive coverage
- Ethical standards
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Master the art of drafting expert reports and delivering evidence with assurance under cross-examination. This witness training equips expert witnesses with comprehensive skills for every stage of the evidential process. Expert report writing and expert witness cross examination courses can be done separately, or bundled together in a comprehensive course.
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Loquitur offers a free CPD witness training video to all legal practitioners, focusing on legal ethics. This video covers the key concepts and ethical considerations of witness proofing, preparation, and coaching. It includes discussions on ethical practice rules, real case examples, and a mock cross-examination, offering practical guidance on ethically preparing witnesses.
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Utilize our expert witness report template to create clear and professional reports. This template offers a structured guide and best practices, ensuring your documentation is consistent and credible. Ideal for both new and experienced expert witnesses.
FAQs
What is cross-examination of a witness?
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.
How is the cross-examination of a witness conducted?
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.
What are lawyers trying to achieve in 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.
Where does cross-examination fit in the evidential process?
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).
Is there a difference in the way that cross examination is conducted for expert witnesses and lay witness
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.
How can a witness prepare for cross-examination?
A witness can prepare for cross-examination by:
- Reviewing their earlier evidence and the facts and documents of the case
Meeting with their legal team to understand the evidence and types of questions that may be asked - Ensuring clear and concise responses
- Learning to stay calm and composed under questioning
- Recognising and understanding the tricks and strategies barristers use when cross-examining witnesses
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.
How to be a good witness in cross-examination?
To be a good witness in cross-examination:
- Listen carefully to each question before answering
Keep answers brief and to the point - Avoid guessing or speculating
- Maintain a calm and respectful demeanour