La. Admin. Code tit. 22 § XV-1379

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1379 - Cross-Examination

A. Counsel should use cross-examination strategically to further the theory of the case. In preparing for cross-examination, the attorney should be familiar with the applicable law and procedures concerning cross-examinations and impeachment of witnesses. In order to develop material for impeachment or to discover documents subject to disclosure, the attorney should be prepared to question witnesses as to the existence of prior statements that they may have made or adopted.

B. In preparing for cross-examination, the attorney should:

1. obtain the prior records of all state and defense witnesses;

2. be prepared to examine any witness;

3. consider the need to integrate cross-examination, the theory of the defense, and closing argument;

4. consider whether cross-examination of each individual witness is likely to generate helpful information;

5. anticipate those witnesses the prosecutor might call in its case-in-chief or in rebuttal;

6. consider a cross-examination plan for each of the anticipated witnesses;

7. be alert to inconsistencies in witnesses' testimony;

8. be alert to possible variations in witnesses' testimony;

9. review all prior statements of the witnesses and any prior relevant testimony of the prospective witnesses;

10. where appropriate, review relevant statutes and local police policy and procedure manuals, disciplinary records and department regulations for possible use in cross-examining police witnesses;

11. have prepared, for introduction into evidence, all documents that counsel intends to use during the cross-examination, including certified copies of records such as prior convictions of the witnesses or prior sworn testimony of the witnesses; and

12. be alert to issues relating to witness credibility, including bias and motive for testifying.

C. The lawyer should be prepared to examine fully any witness whose testimony is damaging to the child client's interests.

D. The lawyer's knowledge that a witness is telling the truth does not preclude cross-examination in all circumstances but may affect the method and scope of cross-examination.

E. The attorney should consider conducting a voir dire examination of potential prosecution witnesses who may not be competent to give particular testimony, including expert witnesses whom the prosecutor may call. The attorney should be aware of the law of competency of witnesses, in general, and admission of expert testimony, in particular, in order to be able to raise appropriate objections.

F. Before beginning cross-examination, the attorney should ascertain whether the prosecutor has provided copies of all prior statements of the witnesses as required by law. If the attorney does not receive prior statements of prosecution witnesses until they have completed direct examination, the attorney should request adequate time to review these documents before commencing cross-examination.

La. Admin. Code tit. 22, § XV-1379

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2610 (September 2011), Amended LR 45414 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148