During a trial, witnesses are typically questioned by the attorneys through a process called direct examination and cross-examination. The attorney who called the witness asks questions first (direct examination), followed by the opposing attorney who asks questions to challenge the witness's testimony (cross-examination). The judge may also allow redirect examination by the first attorney to clarify any points raised during cross-examination. The questions must be relevant to the case and follow the rules of evidence.
Yes, a judge can ask a witness questions during a court proceeding.
One lawyer asking questions during the other lawyer's examination of a witness
Yes, leading questions are usually allowed during cross-examination. The purpose of cross-examination is to challenge the witness's testimony and credibility, and leading questions can help steer the witness toward a particular line of questioning or point.
An examiner can ask leading questions of a hostile witness because he is seeking answers to questions this person is unwilling to give voluntarily. However, this can only be done on cross-examination. Asking leading questions on direct examination is considered "coaching" the witness to provide a certain answer.
defence
defense
During direct examination, the attorney who called the witness will ask the witness questions to elicit testimony that supports their case. The witness can provide factual information, expert opinions, and personal experiences during this questioning. The goal is to present evidence in a clear and persuasive manner to support the party's position.
A defense attorney may ask questions during cross-examination to challenge the credibility of a witness by questioning their consistency, bias, motives, and ability to perceive or remember events accurately. They may also inquire about any prior inconsistent statements or behavior that could undermine the witness's reliability.
A hostile witness is a witness who shows antagonism or unwillingness to testify truthfully or in a helpful manner. They may provide answers that are evasive, argumentative, or uncooperative during questioning. In some cases, legal procedures may be used to address the behavior of a hostile witness.
Yes, a witness can plead the Fifth Amendment during a trial to avoid self-incrimination. This means they can refuse to answer questions that may reveal information that could be used against them in a criminal case.
Must standard operating procedures be followed at all times?
During a trial, common defense questions may include asking about the reliability of evidence, the credibility of witnesses, the defendant's state of mind, and whether proper procedures were followed by law enforcement.