How to Question An Opposing Witness at Trial

If you are representing yourself at a Small Claims Court Trial, you will be given the opportunity to question witnesses that the other party brings in. This is called, cross-examination. But you need to be prepared. Here are a few suggestions on how to question witnesses from the opposing party at trial.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Pen and paper
• Witness list
• Supporting documents

1. Use the list of the other party’s witnesses given to you ahead of the trial so that you can prepare your questions in advance. You might not know precisely what evidence they will submit or exactly what they are going to say, but you will most likely be aware of who they are and why they have been called.
2. Remember that if the witness is a professional who provides reports or a CV (resume) ahead of time, the other party will serve you copies of these and you will need to review them carefully. Then you will know whether or not you will need to call a witness for yourself who can support your view of their witness’ evidence.
3. Know that since their lawyer drew out all the facts and supporting evidence when they questioned them, your job will now be to get them to give detailed information about anything you believe they might know about their involvement or knowledge of the issue at hand. In other words, you can ask them anything you want as long as it relates to their involvement with the issue.
4. Limit your questions to what they know about the issue. Do not wander off and ask questions about other people's involvement or actions.
5. Go through any professional report and question the witness on each point.

Tips & Warnings

• If the witness does not answer the way you want them to, you need to be aware of two things: they are the witness for the other party and their evidence will likely totally support their claim and you cannot harass or demean them because you think they are lying. You need to ask your question and realize that they may not give the answer you want, but it is their answer.