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Night before court and I have completed my questions to be asked to the primary witness. There are actually far more questions than I first anticipated. The questions essentially generated themselves from the Witness Statement that was provided.

I have read a number of texts on witness cross-examination and have some experience [although not a lot] from previous trials, so the number of questions is a little bit of a concern.

I think this time, as contrasted with previous times, I have a much better understanding of what I’m trying to achieve with the cross-examination.

I am seeking to test the evidence that I wish to use in my closing submissions. To do so I must ask the questions [already knowing the answer, or offering a choice of a finite number of answers] to elicit a favourable answer to the evidence I wish to apply the law to.

Therefore I have very carefully prepared my questions only to elicit a very limited answer and not provide an open question where the witness can offer an opinion or explanation. I only want, yes, or no, apart from some very limited exceptions.

If I carry it off well, then, there should be no major issues in obtaining the judgment sought and the full quantum of damages.

Of course I spent quite a significant amount of time preparing my witness on how to answer various questions designed to muddy the water and create doubt. Hopefully they have been studying their Witness Statements diligently and can answer naturally without undue hesitation, confusion or providing totally the wrong answer.

All will be answered tomorrow!

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