NOVEMBER 2025 | 25 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Always use leading questions with one fact per question. If the witness dodges the question, ask it again, even narrower, to require them to answer. Do not be afraid to object to the witness’s answers and ask the judge to compel the witness to answer the question the lawyer asked. Not all witnesses require cross-examination. Suppose the witness said nothing that hurt the client’s case; then, there is no need to ask any questions. Examiners do not need to attack all witnesses but may need to seek clarification or repetition of a helpful point. Lawyers can always find something useful with all the witnesses. Attacking witnesses without a purpose is pointless and will alienate the jury. Finally, preparation, practice and prowess with the evidence code will help the journey toward better cross-examination. With cross-examination, the lawyer should be “testifying” through the questions and focusing the jury to understand all the problems with the witness’s testimony. Crossexamination is thrilling when done well and should be enjoyable, but confidence and command of the courtroom are prerequisites. New and seasoned lawyers should apply these tips in their next trials. ABOUT THE AUTHORS Shelley L. Levisay earned her undergraduate degree from Oklahoma Baptist University in 2007, her J.D. from the OU College of Law in 2011 and her master’s degree in Indigenous peoples law from OU in 2022. She is the Oklahoma Indigent Defense System contractor for Pottawatomie and Lincoln counties and has tried about 50 jury trials. Ms. Levisay is also an author who writes legal thrillers and nonfiction. David T. McKenzie earned his bachelor’s degree from Southwestern Oklahoma State University, two master’s degrees from Northeastern Oklahoma State University and his J.D. from the OU College of Law. Mr. McKenzie has tried nearly 300 jury trials during his 37 years of practice and has served as an adjunct professor of trial practice at the OCU School of Law. He has received the Clarence Darrow Award, the Barry Albert Award, the Maurice Merrill Golden Quill Award, the Earl Sneed Award and the Professional Advocate of the Year Award. ENDNOTES 1. 602 U.S. 779 (2024). 2. OUJI-CR(2d) Instruction No. 10-8; OUJICIV Instruction No. 3-13. 3. 432 U.S. 98 (1977). 4. OUJI-CR(2d) Instruction Nos. 9-20, 9-21, 9-22, 9-23; OUJI-CIV Instruction No. 3-14. 5. Okla. Stat. Tit. 12, §2609 (2004). 6. Collins v. State, 2009 OK CR 32, ¶24, 223 P.3d 1014. 7. State v. Alvarado, 2024 OK CR 23, 555 P.3d 1255. 8. Okla. Stat. Tit. 12, §2806 (2002); FRE 806 (2024). 9. FRE 806 Advisory Note. 10. Okla. Stat. Tit. 12, §2608 (2002); FRE 608 (2011). 11. FRE 806 Advisory Note. 12. Id. 13. Burks v. State, 594 P.2d 771 (1979). 14. Okla. Stat. Tit. 12 §2412 (1993). 15. Robert Gifford, “‘Your Witness, Counsel’ – Cross-Examination,” 87 OBJ 2331 (2016). 16. F. Lee Bailey and Kenneth Fishburn, Excellence in Cross-Examination (2014).
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