‘The Form of the Question’: A Must-Read for Litigators

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Professor Dan Capra and Adjunct Professor Ethan Greenberg authored a book, ‘The Form of the Question’ whose review has been posted by the New York Law Journal.

Once you read ‘The Form of the Question’, your eyes will be opened to the many possible objections you may have missed in the past, or failed to preserve for appeal.

Have you ever found yourself in a situation where your witness is being cross-examined and the questioner asks what you believe is an objectionable question? You rise to object and the judge asks, “What are the grounds for your objection?’” You stutter and withdraw your objection. Once you read “The Form of the Question,” you should never face that problem again; your eyes will be opened to the many possible objections you may have missed in the past, or failed to preserve for appeal. Whether an experienced litigator or a novice, “The Form of the Question” will help you hone your cross-examination skills.

This book guides you through the rule against leading questions, explaining the major exceptions to the rule. Other topics covered include the objections: asked and answered, calling for a narrative, argumentative, badgering, compound questions, badgering a witness, assuming a fact not in evidence, vague, beyond the scope, and motions to strike.

The book explains each rule, sets forth relevant case law, and provides actual trial transcripts which are dissected for the reader. It includes exercises that enable to reader to best develop or enhance their cross-examination skills.

Read the full review.

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