Litigation

Cross-Examination: Testimony that is Inconsistent with Other Witnesses

How to subtly expose discrepancies in witness evidence and leverage your case.


How to subtly expose discrepancies in witness evidence and leverage your case.

An effective strategy in some cases is to highlight the differences in the evidence of the opponent’s own witnesses. The credibility of the opponent’s case can be undermined if there are many differences, and if any of the differences relate to important parts of the evidence. The differences can normally be better brought out in cross-examination without directly confronting the witness with the other witness’s evidence. Normally you would merely bring out the differences without a direct reference to the other witness. There may by rare exceptions when you might directly confront a witness with the inconsistent evidence of another witness, unless the differences are very significant and relate to important matters. Showing that the opponent’s witnesses are not consistent in their evidence can be a powerful strategy, particularly where the differences are numerous or when they are dealing with significant aspect of the case.

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