Cross-examination is often associated with robust questioning designed to dismantle a witness’s credibility, expose dishonesty, or highlight inconsistencies. While these destructive techniques are crucial in some cases, constructive cross-examination is an equally important skill that enables an advocate to enhance their case without discrediting the witness.

This guide will explore three proven techniques for constructive cross-examination, each illustrated with examples:

✔️ Cross-Examining the Honest but Mistaken Witness – Exposing natural limitations in perception.

✔️ Attributing New Meanings to Perceived Facts – Reframing a witness’s testimony to support an alternative interpretation.

✔️ The Technique of Emphasis – Highlighting supportive aspects of a witness’s evidence.

By incorporating these methods into cross-examination strategy, you can challenge adverse evidence whilst eliciting supportive testimony.