What is the difference between examination and cross-examination?

What is the difference between examination and cross-examination?

Through the course of a trial, attorneys have the opportunity to direct an examination of certain witnesses and cross-examine other witnesses. Conversely, cross-examination provides a difference type of opportunity for an attorney to examine a witness. Cross-examination occurs after the witness’s direct examination.

What is re cross-examination?

Recross examination refers to resumption of cross-examination by the original cross-examiner in order to respond to matters that may have arisen during the re-examination of a witness. However recross examination can only deal with those subjects addressed in redirect examination.

What is examination in chief cross-examination and re-examination?

Examination in chief. The examination of a witness by the party who calls him shall be called his examination in-chief. Re-examination- The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

What is the difference between cross-examination and examination in chief?

With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness.

How long is cross-examination?

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.

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.

How do you start a direct examination?

Direct examination is your time to introduce your witnesses and have them tell the story through a series of questions and answers. On direct examination, counsel should ask open-ended questions. One way to insure that the questions are open-ended is to ask questions that begin with Who, Why, What, Where, and When.

How do you make a good direct examination?

1. Prepare. There is absolutely no substitute for hard work.
2. Keep it Simple. “Learn to talk like a regular person wherever you are.
3. Use Topic Sentences or Headers.
4. Personalize the Witness.
5. Direct the Focus to the Witness.
6. Help the Witness Show, Not Tell, the Jury.
7. Start Strong, End Strong, and Address Your Weaknesses.

What happens during a cross-examination?

Cross-Examination When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What questions can be asked in cross-examination?

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 do you survive a cross-examination?

Tips for a Successful Cross-Examination

1. Listen carefully to the prosecutor’s question and let him ask his entire question before you answer.
2. When you do answer, answer the question that is being asked, but nothing more.
3. Stay calm and don’t argue.
4. Tell the truth.
5. Think before you answer the question.
6. Don’t guess.

How do you stay calm during cross-examination?

Witnesses facing questioning by a hostile prosecutor should stay calm and focus only on the questions.

1. listen carefully to the prosecutor’s questions (the words, not the tone, are what matters)
2. answer the exact question asked without providing extraneous information, and.
3. stay calm and avoid arguing with the prosecutor.

What should we not do in cross examination?

TEN DONT’S OF 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.

Can you introduce evidence on cross examination?

Generally speaking, yes. You can introduce documentary evidence during cross-examination for rebuttal or impeachment, but the same rules of evidence apply for admissibility (relevance, proper foundation, not hearsay)…

Can you cross examine yourself?

Cross examination is asking questions to your opponent’s witnesses. On cross, you are allowed to ask leading questions. Don’t submit evidence against yourself or ask questions which may weaken your case.

What is the purpose of cross-examination of a witness?

The purpose of cross-examination is to create doubt about the truthfulness of the witness’s testimony, especially as it applies to the incidents that are at issue in the case. Cross-examination questions are usually the opposite of direct examination questions.

Can a judge cross examine a witness?

A judge can even call witnesses on their own in some circumstances. California Evidence Code section 775 provides: Such witnesses may be cross-examined by all parties to the action in such order as the court directs.”

How do you question a witness?

You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.

What if a witness is lying?

A witness who intentionally lies under oath has committed perjury and could be convicted of that crime. The crime of perjury carries the possibility of a prison sentence and a fine (paid to the government, not the individual wronged by the false testimony).

What are the stages in examination of a witness?

There are three Stages of Examination of Witness, Examination-in-chief, Cross-Examination and Re-examination.

Can leading questions 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 is the purpose of a leading question?

Leading question is a type of question that pushes respondents to answer in a specific manner, based on the way they are framed. More than often, these questions already contain information that survey creator wants to confirm rather than try to get a true and an unbiased answer to that question.

Who is not a competent witness?

Section 119 of the Act says that a person who is not able to communicate verbally can testify by way of writing or signs. A person who has taken a vow of silence and is unable to speak as a result of that vow will fall under this category for the purpose of this Section.

Is hearsay admissible as evidence?

Hearsay evidence is not admissible in court unless a statue or rule provides otherwise. Therefore, even if a statement is really hearsay, it may still be admissible if an exception applies.

What does a hostile witness mean?

A witness who testifies against the party who has called the person to testify. The examiner may ask a hostile witness leading questions, as in cross-examination. Also called an adverse witness.