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Cross-examination GudangMovies21 Rebahinxxi LK21
In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan) and may be followed by a redirect (known as re-examination in the aforementioned countries). A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (this may vary by jurisdiction).
Variations by jurisdiction
In the United States federal courts, a cross-examining attorney is generally limited by Rule 611 of the Federal Rules of Evidence to the "subject matter of the direct examination and matters affecting the witness's credibility". The rule also permits the trial court, in its discretion, to "allow inquiry into additional matters as if on direct examination". Many state courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination, though California restricts cross-examination to "any matter within the scope of the direct examination". Similarly, courts in England, South Africa, Australia, and Canada allow a cross-examiner to exceed the scope of direct examination.
Since a witness called by the opposing party is presumed to be hostile, leading questions are allowed on cross-examination. A witness called by a 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 party that called them.
Affecting the outcome of jury trials
Cross-examination is a key component of a trial and the topic is given substantial attention during courses on trial advocacy. The opinions of a jury or judge are often changed if cross-examination casts doubt on the witness. On the other hand, a credible witness may reinforce the substance of their original statements and enhance the judge's or jury's belief. Though the closing argument is often considered the deciding moment of a trial, effective cross-examination wins trials.
Attorneys anticipate hostile witnesses' responses during pretrial planning, and often attempt to shape the witnesses' perception of the questions to draw out information helpful to the attorney's case. Typically during an attorney's closing argument, they will repeat any admissions made by witnesses that favor their case. In the United States, cross-examination is seen as a core part of the entire adversarial system of justice, in that it "is the principal means by which the believability of a witness and the truth of his testimony are tested." Another key component affecting a trial outcome is jury selection, in which attorneys will attempt to include jurors from whom they feel they can get a favorable response or at the least an unbiased fair decision. So while there are many factors affecting the outcome of a trial, the cross-examination of a witness will often influence an open-minded unbiased jury searching for the certainty of facts upon which to base their decision.
See also
Litigation strategy – high level plan to achieve the overarching goal of a lawsuitPages displaying wikidata descriptions as a fallback
Testimony – Solemn attestation as to the truth of a matter
Trial advocacy – Improving effectiveness of advocates
Witness impeachment – Process of calling into question the credibility of an individual testifying in a trial
References
Further reading
City Law School (2007). Advocacy 2007/2008 (Blackstone Bar Manual). Oxford: Oxford University Press. ISBN 978-0-19-921220-0.
Du Cann, Richard (1993). The Art of the Advocate. London: Penguin. ISBN 0-14-017931-3.
Evans, K. (1993). The Golden Rules of Advocacy. London: Blackstone Press. ISBN 1-85431-259-6.
Morley, I (2005). The Devil's Advocate. London: Sweet & Maxwell. ISBN 0-421-91480-7.
Ross, D. (2005). Advocacy. London: Cambridge University Press. ISBN 0-521-61117-2.
Wellman, Francis L. (1919). The Art of Cross-Examination: with Cross-Examination of Some Important Witnesses in Some Celebrated Cases (New and Enlarged ed.). New York & London: The Macmillan Company. Retrieved 3 March 2021 – via Internet Archive.
Wellman, F. (2007) [1903]. The Art of Cross-Examination. Standard Publications. ISBN 978-1-59462-647-0.
Mahoney, K. (2008). Relentless Criminal Cross-Examination. James Publishing Company. ISBN 978-1-58012-125-5.
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Cross Examination - Definition, Examples, Cases, Processes
Oct 23, 2015 · Cross-examination is the legal process of interrogating a witness that has been called to testify by the opposing party in a legal proceeding. When a party calls a witness to testify in court, he must follow certain rules in questioning the witness. This is called “direct examination.”
Cross-examination gives the opposing party an opportunity to point out the weaknesses of a witness’s testimony , like holes in their story or a lack of credibility . However, the attorney conducting the cross-examination may not ask questions outside of scope of …
Cross-examination - Wikipedia
In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan) and may be followed by a redirect (known as re-examination in the aforementioned countries). A redirect ...
Cross-examination Definition & Meaning - Merriam-Webster
The meaning of CROSS-EXAMINATION is the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility.
How Courts Work - American Bar Association
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.
Five Steps to an Effective Cross-Examination - LexisNexis
There are two types of cross-examination. You would use constructive cross-examination to build your client’s theory of the case, and deconstructive cross-examination to damage a witness’s credibility. Each requires a different approach. Constructive Cross-Examination. When constructively cross-examining a witness, you are attempting to ...
Cross-Examination Techniques in a Nutshell - Barkan Research
Feb 4, 2025 · Cross-examination is one of the most critical stages in a trial, allowing an attorney to challenge the credibility and reliability of opposing witnesses. The goal is to undermine the witness’s testimony, create doubt in the minds of the judge or jury, and highlight contradictions or …
The Art Of Cross-Examination - Klein & Wilson
Unfortunately, most lawyers do not cross-examine witnesses well and forget that the purpose of cross-examination is not simply to attack an adversary, but to strengthen your own case. The following eight steps will help you create effective cross-examination that will advance your case.
CROSS EXAMINATION - National Association of Criminal …
Cross-examination is perhaps one of the most fundamental components of an accused’s rights at trial. Through cross examination the accused is able to challenge the evidence and assertions against him. Through cross-examination, lies can be exposed and the truth advanced. Effective and meaningful cross-examination can vindicate the innocent.
Cross-Examination: 12 Powerful Truths and Tricks - Law Venture
Learn how you can master cross-examination with these 12 truths, tips, and cross-examination techniques. Check it out!
