Cross-examination is generally limited to questioning only on matters that were raised during direct examination . Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.
Can cross-examination exceed scope of direct?
Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility . The court may allow inquiry into additional matters as if on direct examination. (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
What are the limitations of cross-examination?
Cross-examination is generally limited to questioning only on matters that were raised during direct examination . Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.
How does cross-examination differ from direct examination?
When an attorney calls a witness to the stand and asks them questions, this is called “direct examination.” After direct examination, the opposing party gets to question the witness , which is called “cross-examination.” Although both direct and cross-examination involve asking a witness questions, each type of ...
What is redirect examination limited to?
Generally, the scope of redirect examination is limited to the scope of cross-examination . Courts consistently exclude testimony on redirect that goes beyond that which was brought out on cross.
What questions Cannot be asked in cross-examination?
- DON’T Argue with a Witness. ...
- DON’T Answer the Questions of an Opposing Witness. ...
- DON’T Argue with the Judge. ...
- DON’T Allow Yourself to be Baited by Your Opponent. ...
- DON’T Let the Jury See that Your Case has Been Hurt by an Answer. ...
- DON’T “Kill” a Witness Unless the Jury Wants Him Demolished.
What happens after cross-examination?
After cross-examination, the plaintiff’s lawyer may again question the witness (this is called REDIRECT), and this may be followed by recross examination. This process of examining and cross-examining witnesses and receiving exhibits continues until the plaintiff’s evidence is before the jury.
What questions are asked in cross-examination?
Your cross-examination can also include questions about the witness’s underlying motivations for testifying or any bias that the witness may have in favor of the other party or against you . For example, you could ask: Isn’t it true that you owe the other party money?
Who does the direct examination?
Direct examination involves an attorney questioning their own expert witness . The advantage of direct examination is that the attorney has (hopefully) met or worked with the expert prior to trial.
What is the purpose of cross-examination?
Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination .
Can you lead on redirect examination?
Some leading is necessary and desirable, to direct the witness to particular issues raised on cross-examination. Otherwise, it is improper. Don’t do it.
What happens during redirect?
On redirect, the attorney offering the witness will ask additional questions that attempt to rehabilitate the witness’s credibility, or otherwise mitigate deficiencies identified and explored by the opponent on cross.
Is there cross-examination in a deposition?
Cross-examination serves to discredit direct testimony, to discredit the witness, and to reflect on the credibility of other witnesses. In deposition, cross-examine the witness to summarize and lock in her testimony before trial . ‘
How long does a cross-examination last?
The overwhelming majority of witnesses can be cross-examined in 30 minutes or less even in very complicated cases. Effective cross-examination makes a point quickly and keeps the jury engaged from the moment you ask your first question until you pass the witness for re-direct.
What are the rules for cross-examination?
The late Professor Irving Younger had four simple “rules” for cross- examination: – When you are winning, STOP ; – When you do not know what to do, STOP; – When you have made your point, STOP; and – Before you get hurt, STOP.
How do you start a cross-examination?
If the rules where you practice require you to examine from a seated position, start your cross with a document or exhibit that requires you to approach the witness so you have a reason to stand . After the obligatory smile, look the witness in the eyes, and make a positive statement, all the while smiling and nodding.
