Cross-examinations #8 - Argumentative Witnesses

How to deal with the uncooperative witness

With impeachment, exaggeration and controversial testimony covered, let's move on to a situation that makes your audience - the decision-maker – the most uncomfortable. If a witness wants to argue with you, the cross-examiner, what do you do about it?

Witnesses don’t want to sit in the witness box while you bombard them with your targeted questions, manipulating them to admit things that help your case and hurt the cause they support. Often, that they think make them look like fools or liars. Some will rise to the occasion and challenge you. They answer the most straightforward question – the one that begs for a 'yes' – with a long answer that explains, that provides reasons and details you never asked for. In other words, they are arguing with you. Your question showed that you were wrong! Here's why! OK, what do you do now?

Your instinct is to accept the challenge and argue back. Any trial judge or tribunal member will tell you that's the wrong approach. You are the professional in the two-way discussion. Act like it!

OK, so you can't argue. What are your choices?