CROSS-EXAMINATION OF WITNESSES

Even though boards may allow cross-examination of witnesses, the process can be very intimidating and can turn the hearing into a shouting match. Instead, the board should adopt the small claims model for hearing evidence, which requires each side to direct their comments to the judge (in this case, the board).

Accordingly, the parties at the hearing should direct their questions and comments to the board, not to each other. The board can then, if the questions are appropriate, seek a response from the other side. This provides an orderly process for cross-examination without bickering and intimidation.

Updated by ADAMS KESSLER 8/21/2007