Cross-examination

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In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in England, Australia, Canada, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in England, Australia, Canada, India and Pakistan).

In the United States, the cross-examining attorney is typically not permitted to ask questions which do not pertain to the facts revealed in direct examination. This is called going beyond the scope of the direct examination. This does not apply in England, Australia, and Canada, where once a witness is called the opponent's lawyer can ask any question relevant to the issues in the trial.

Since a witness called by the opposing party is presumed to be hostile, cross examination does permit leading questions.^[1] A witness called by the direct examiner, on the other hand, may only be treated as hostile by that examiner after being permitted to do so by the judge, at the request of that examiner and as a result of the witness being openly antagonistic and/or prejudiced against the opposing party.^[2]

The main purposes of cross-examination are to elicit favorable facts from the witness, or to impeach the credibility of the testifying witness to lessen the weight of unfavourable testimony. Cross-examination frequently produces critical evidence in trials, especially if a witness contradicts previous testimony. The advocate Edward Marshall-Hall built his career on cross-examination which often involved histrionic outbursts designed to sway jurors.

Bibliography

• City Law School (2007). Advocacy 2007/2008 (Blackstone Bar Manual). Oxford: Oxford University Press. ISBN 0199212201. 
• Du Cann, Richard (1993). The Art of the Advocate. London: Penguin. ISBN 0140179313. 
• Evans, K. (1993). The Golden Rules of Advocacy. London: Blackstone Press. ISBN 1854312596. 
• Morley, I (2005). The Devil's Advocate. London: Sweet & Maxwell. ISBN 0421914807. 
• Ross, D. (2005). Advocacy. London: Cambridge University Press. ISBN 0521611172. 
• Wellman, F. (2007) [1931]. The Art of Cross-Examination. Standard Publications. ISBN 1594626472. 

References

1. ^ http://www.wisegeek.com/what-is-a-hostile-witness.htm "What is a hostile witness?"
2. ^ Ehrhardt, Charles W. and Stephanie J. Young, "Using Leading Questions During Direct Examination," (Florida State University Law Review, 1996). (accessed November 26, 2008).

See also

• Testimony
• Witness impeachment

External links

• "www.TheArtofCrossExamination.com" Download your free copy of The Art of Cross-Examination

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