Should you ask questions that you do not know the answer to on cross examination?

The most often stated phrase related to trials used by both lawyers and non-lawyers is that the most important rule of cross examination is never ask a question for which you do not know the answer. Lawyers do not have any excuse for perpetuating the myth. If your lawyer says that – change lawyers.

Can a lawyer ask yes or no questions?

On direct examination, lawyers generally can’t ask leading questions. A question is leading if it suggests the answer. The prohibition against leading questions on direct examination forces lawyers to ask non-suggestive questions instead. So, a prosecutor can’t guide the testimony of a prosecution witness too much.

What do you say when you don’t know the answer in court?

If your answer was not correctly stated, correct or clarify it immediately. Don’t say, “that’s all of the conversation” or “nothing else happened.” Instead say, “that’s all I recall” or “that’s all I remember happening.” It may be that after more thought or another question, you may remember something important.

Can you say I don’t know in a deposition?

Do not offer to fill in or provide information later. Only answer the question if you know the answer. “I don’t know” is a perfectly good responses (as long as it’s the truth). “I don’t remember,” “I don’t recall,” and “I don’t recall at the present time” are all perfectly good responses.

What are lawyers asking questions called?

1) v. short for “leading the witness,” in which the attorney during a trial or deposition asks questions in a form in which he/she puts words in the mouth of the witness or suggests the answer.

Do you ever ask a question you don’t know the answer to?

Trial lawyers have an old saying: “You never ask a question on cross examination to which you do not know the answer to.” Want to know why? When you cross-examine a witness at trial, you’re asking very specific, pointed questions. You are asking leading questions.

Do lawyers ask questions they should never ask in a trial?

However, in most cases a good experienced trial attorney will never ask a question to which he first does not know the answer.

What happens if you ask a witness something they don’t know?

The moment you ask a question to which you do not know the answer, you are virtually guaranteed to get an answer that will surprise you and shock you. The witness will give you an explanation that will likely hurt you and your case. You’re inviting the witness to tell the jury something that you don’t know. That’s extremely dangerous.

Can an attorney refuse to answer a specific question?

There are always instances where the attorney will not know an answer to a specific question. In that instance, the attorney would be very well advised to stay away from that subject, unless he simply did not care what the answer was.