In the fourth of five installments of his series on trial advocacy, former trial Judge and Appellate Justice Gino DiVito focuses on cross-examination. The cross-examining attorney’s role is to teach the jury while never giving it an opportunity to learn from an opposing witness, Judge DiVito writes. He suggests that, to avoid turning the jury against you, carefully set up the witness during cross-examination with leading and closed questions, and questions for which you know the answers. And never provide a witness you are cross-examining with an open-ended question.

Judge DiVito also discusses witness-impeachment strategies.

 Read the January IBJ article, "What I Learned From Teaching Trial Advocacy: The Cross-Examination."