Witness Examination Strategies in Employment Litigation

Best Practices for Direct and Cross-Examination of Lay Witnesses

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, January 23, 2013

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare employment litigators to conduct direct and cross-examination of lay and expert witnesses. The panel will explain tactics for selecting and preparing witnesses and will outline techniques for effective questioning, cross-examination and redirect examination.


Effective witness examination skills are critical to a successful employment litigation practice. Establishing the case theme through direct examination, mastering cross-examination, and strategically making and responding to objections all have a significant impact on the outcome of the case.

Employment litigators must ensure that witnesses are adequately prepared, testimony is effectively organized, and exhibits and evidence support the case theme. Further, litigators should employ effective tactics to persuade adverse witnesses to confirm their positions.

Listen as our authoritative panel of employment litigators discusses effective techniques for direct and cross-examination, including advanced questioning methods, dealing with difficult witnesses and leveraging redirect examination.



  1. Direct examination tactics
    1. Selecting witnesses
    2. Questioning witnesses
    3. Anticipating cross-examination
    4. Dealing with objections
    5. Redirect examination
  2. Cross examination tactics
    1. Dealing with difficult witnesses
    2. Hearsay
    3. Impeachment techniques


The panel will review these and other key questions:

  • What are the most common challenges employment litigators face when examining and cross-examining lay witnesses?
  • What questioning techniques will maximize the information obtained from witnesses?
  • What strategies are effective when raising and responding to objections to witness testimony?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Notestine, Kerry E.
Kerry E. Notestine

Littler Mendelson

Mr. Notestine represents employers in all aspects of employment matters, including litigation under federal, state...  |  Read More

Susan K. Eggum
Susan K. Eggum

Lane Powell

She tries claims involving securities fraud, officer and director malfeasance, usurpation of corporate opportunity,...  |  Read More

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