[blindlaw] Strategies for examining and cross-examining witnesses more expeditiously

[Gerard Sadlier]

Hi, is this some sort of deposition procedure, or are you
cross-examining in open Court?

If it is a deposition procedure, as I suspect, then perhaps you could
move that her cross-examination be heard before the judge in Court -
so that the Court can make orders requiring the witness to answer
questions etc. and the Court will see her antics for what they are.

I have never heard of "parallel cross-examination".

Ger

On 2/1/15, Ross A. Doerr via blindlaw <blindlaw at nfbnet.org> wrote:
> Hi Rahul:
> If you have a witness who is refusing to cooperate you have a genuine
> problem.
> I usually faced this problem in terms of a wittness with a disability, and
> the resolution usually revolved around a reasonable accommodation.
> This does not sounds like it is the situation you are facing.
> I am known for being too accommodating for people. But in this case I would
> suggest that this witness gets one last chance to be reasonable. IF she
> refuses, ask for sanctions from the court equaling the time and expenses
> she
> has cost you.
> Then I would move that her testimony, written as well as verbal, be
> stricken
> from the record.
> If, as I suspect, someone is going to insist that she is an essential
> witness, then that party needs to provide some garuntee to the court, that
> her past year of antics will not happen again.
> I rarely use this approach because it sens a message of being a control
> freak in litigation. But in this case it seems as if a witness has seized
> the proceedings.
> Take the ball away from her altogether.
> The other methods you suggest may work, but after a year's delay rooted in
> one witness, you may be creating a whole ne3w level of complexity.
> Can you make do with this witness?
> Ross
>
>
>
> -----Original Message-----
> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Rahul
> Bajaj
> via blindlaw
> Sent: Sunday, February 1, 2015 9:08 AM
> To: blindlaw at nfbnet.org
> Subject: [blindlaw] Strategies for examining and cross-examining witnesses
> more expeditiously
>
> Hi All,
>
> I'd be very grateful if you could share any techniques that you are aware
> of
> for examining and cross-examining witnesses more expeditiously. We're
> grappling with a case where we have not been able to conduct the
> cross-examination of a witness for almost a year due to her lackadaisical
> approach and refusal to cooperate. We're looking for any strategies that we
> could adopt, with the approval of the court, for cross-examining other
> witnesses simultaneously to allow the case to move forward. We've not been
> able to find any precedents endorsing the idea of parallel
> cross-examination
> anywhere in the world, so we're trying to figure out other strategies that
> would help us in breaking this deadlock. I came across the concept of
> witness conferencing, which is very popular in commercial arbitration, and
> something known as hot-tubbing in Australia which allows the statements of
> multiple witnesses to be recorded simultaneously and thereby ensures the
> expeditious resolution of disputes. Are there any other strategies, in any
> common law or civil law jurisdictions, for examining and cross-examining
> witnesses more expeditiously that I should be looking at?
>
> Best,
> Rahul
>
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