Cross Examination Transcripts
Collected and Annotated by Patrick Malone

Here are transcripts of actual cross-examinations which I have gathered from some excellent attorneys. You will see commentary by me at key points in the transcripts in red brackets.  Many of these are featured in my book, The Fearless Cross-Examiner: Win the Witness, Win the Case (Trial Guides 2016).

(Read a chapter from the book here, on “Burying the Ten Commandments of Cross-Examination,” reprinted from Litigation journal.)

In the book, I had to prune them down for space considerations, and I also broke some of them into separate bits to illustrate different topics.  Here, most of the transcripts are presented whole and uncut. (The Oscar Pistorius cross lasted five days so I could only excerpt part of one day.) Readers will see how good lawyers piece together their cross-examinations into a single unit, and also how even the best cross-examinations sometimes wander into unhelpful dead ends. Always, though, you will see how excellent cross-examiners recover from blows inflicted by the witness or opposing counsel (or judge sometimes) and go on to win the confrontation.

 

 

Fox, Gary   Exposing the bias of a “frequent flyer” expert medical witness
Friedman, Rick   Polarizing the Extreme Witness: Cross-Examination of a forensic psychiatrist
Grassini, Larry Negligent Hiring of a Dangerous Truck Driver: the hiring manager implodes
Itkin, Jason Agreement/Ignorance Cross of a Safety Investigator
Kinnard, Randy Guiding an expert witness into a no-exit trap
Lees, Jim A “Misfit” Expert with Too Many Credentials
Leventhal, Jim A defendant doctor in a medical malpractice case admits fault — finally
Malone, Patrick “Police Psychologist” William Lewinski defends his methods and credentials
Malone, Patrick Cross-examination of a neonatologist expert on his factual mistakes
Malone, Patrick Cross-examination of a fetal maternal medicine expert, James Christmas, MD
Mulvey, Elizabeth A Frequent Expert’s Percentage of Income from Testifying
Nel, Gerrie An all-out assault: the Oscar Pistorius cross-examination
Russell, Anthony “Money” Cross of a medical expert