In the course of cross-examination, a witness may be asked questions: (i) To test his veracity ; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.
How can I prepare for cross-examination?
- Introduction.
- What is cross-examination.
- Purpose and need to cross-examine.
- Aim and subject-matter of cross-examination.
- Preparation for cross-examination.
- Make sure you have a cross-examination plan.
- Keep it short and simple.
- Avoid open-ended questions.
What kind of questions do you ask in a cross examination?
Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is ...
Which questions can not be asked in cross-examination?
Section 142 does not mention asking leading questions during cross-examination. But, Section 143 states that leading questions can be asked even in cross-examination. Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party.
What are some direct examination questions?
Direct examination questions allow a personal injury attorney to ask key witnesses to explain what they saw, heard, or did in relation to an incident . For example, an attorney in a car accident personal injury lawsuit may call a bystander to testify about what they saw just before, during, or after the accident.
Who can put leading questions?
Section 142 allows leading question to be put in the examination in chief , even if, objected too with the permission of the court.
When leading questions Cannot be asked?
When leading Questions must not be asked? According to Section 142 of Indian Evidence Act, leading questions may not be asked in Examination-in-chief, or in a Re-examination, except with the permission of the Court .
Can accused be cross examined?
There is reason not to treat the statement under Section 313 of the Code of Criminal Procedure as evidence as the accused cannot be cross- examined with reference to those statements. However, when an accused appears as a witness in defence to disprove the charge, his version can be tested by his cross-examination .”
How do you stay calm during cross-examination?
- Listen carefully to the prosecutor’s question and let him ask his entire question before you answer.
- When you do answer, answer the question that is being asked, but nothing more. ...
- Stay calm and don’t argue. ...
- Tell the truth. ...
- Think before you answer the question. ...
- Don’t guess.
What happens during a cross-examination?
The concept of cross-examination is that the lawyer is supposed to control the witness and force the witness to answer questions harmful to an adversary’s case . When you ask an open-ended question, or a question where you do not know what the answer will be, the witness may hit that question out of the ballpark.
Which is an example of a leading question?
For example, if an examiner asks a witness whether he was home on the night of the murder , that’s a leading question. The phrasing assumes a murder indeed took place, and leads the witness to answer in a way that directly relates to his home.
Who is not present during a deposition?
There is no Federal Rule of Civil Procedure that bars non-parties from attending. Although, usually the only people who come to the deposition are the person being questioned (also known as the deponent), the lawyers from both sides , and the court reporter or videographer.
When can leading questions be asked?
The questions which are asked should be in context to the facts relevant to the case and not beyond it. Leading questions can only be asked during cross-examination and not during examination-in-chief or re-examination unless and until the court allows.
How do you identify a leading question?
The easiest way to identify a leading question is to notice the biases that it presupposes . After doing this, you can choose to respond in one of these ways: Clearly reject the bias. For instance, when asked: “How much did you enjoy this event?” — you can say, “I did not enjoy the event”.
How long is direct examination?
Q: How much time elapsed from the accident until you felt this knifelike pain shooting down your right leg? A: About two minutes .
What is the purpose of direct examination?
The lawyer’s goal in conducting a direct examination is to leave jury members with the impression that they are listening to an interesting conversation between two people (questioning lawyer and answering witness) about a subject critical to proving the lawyer’s side of the case.
