AuthorJohn Hollander
chapter seven
MaStEry Of tHE discovery process is an ongoing exer-
cise. Nothing exemplied that to me more than an exam-
ination for discovery I conducted just as I nished this
handbook. I examined the main defendant, and my very
experienced opponent examined my clients. I set out to
implement several of the dictates from these chapters, but
once I began, I promptly went “o-script.” In doing so, I
relied upon my innate skills to follow where the witness
led me. I found that I began every subject with a general
open question (with a headline) and a brief exchange of
open questions with responsive answers. As I heard an
answer that led me to exploit an opening, I switched to
destructive mode and cross-examined with short ques-
tions. Each sequentially led to the conclusion I sought.
But what made this process successful was my prepar-
ation, a point that has been emphasized throughout this
handbook. Documentary evidence was cross-referenced
throughout my outline, and although I had several “ve
and outs” sketched in, I rarely used them. My own prac-
tice was to engage in constructive open questions to start,
and then destructive closed questions to nish each point.

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