“Cross-examination is the greatest legal engine ever invented for the discovery of truth.”

John Henry Wigmore

1. Failing to prepare is preparing to fail. You have to LIVE the case to be able to cross examine well.

2. When the witness is under cross examination, you are on trial too; especially when giving suggestions, as they can amount to admissions.

3. Whenever in doubt about a question, don’t ask!

4. Don’t ask a question the answer to which your don’t know yourself.

5. Don’t utter a single word without a very clear objective. In cross examination (in a non-jury trial) you don’t play to the gallery. You may get hurt.

6. More often than not, don’t go for the jugular (the ultimate question!) straight away but chip-away at the sides of the case painstakingly & try and get admissions. The importance of these small admissions would become apparent only at the time of final appreciation of evidence.

7. Decide the order of examination of witnesses carefully.

8. Stop witness from unduly volunteering (object if the witness volunteers a lot)

9. Don’t think in terms of a set-script. Be nimble. Be ready to switch tracks and think on your feet.

10. Don’t be greedy. Be realistic.