We instinctively think of cross-examination as a tool to destroy the other side’s case. Rarely do we use it constructively, that is, to enhance our own case. Rarer still do we cross-examine to authenticate an otherwise problematic document, as we’ve done below:   In ...   Read More

  (... continued) ATTY. OPENA TO THE WITNESS: Q:     And after your son was slumped, what did you do? A:     I went to my son and carried him to take him to the hospital. Q:     How many shots did you hear? A:  ...   Read More

(... continued) ATTY. OPENA TO WITNESS: Q:    When you said end of sofa which portion, the left side or the right side? A:    The right.   Apparently, the positions of the witness and the victim, the locations of the sofa and the window are important. So, ...   Read More

The following is a transcript of a direct examination in a criminal case for murder. We decided to comment on it (see the paragraphs in italics). See if you agree with our comments and suggestions on how to make it better. This was taken from People vs. Lee, G.R. No. 139070,  May 29, ...   Read More

          Below is just seven of the things that we usually discuss with the witness immediately before he takes the stand:           1.  You are under oath to tell the truth, so just do that. I ...   Read More

   When discussing the outline of the witness' testimony, the lawyer does not give the witness a copy, however. He recognizes the danger that, during cross-exam, the witness may be required to produce the outline if he unwittingly mentions it. If he does produce the outline, it w ...   Read More

     Witnesses must be prepared for direct examination. "Preparing witnesses" does not mean coaching him on his testimony. On the contrary, the witness should always be instructed to tell the truth; preparing means doing our duty as lawyers to present the witn ...   Read More

  Emotion is a powerful persuasive tool. In fact, the ideal case is one where the judge not only is mandated to give what your client is asking for (because your case is solidly supported by the facts and law), but is also emotionally charged to do so (because he feels that what ...   Read More

I once inherited a case for an aunt of mine in the province. She and my uncle were sued for "annulment of a deed of sale" over the lot on which their conjugal home was built. When it was passed on to me, the case was already lost - in fact it was already for execution, my ...   Read More

 "Objection, leading!" This is perhaps the most oft-repeated objection of all during direct examination. While most lawyers (and judges) gauge if a question leads or not by the standard "if it is answerable by yes or no, then it is leading," the rule-book definitio ...   Read More

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