Scribd
Upload
319 views2 pages

Direct vs. Cross Examination Rules

Direct examination involves an attorney asking non-leading questions to elicit helpful information from a witness. For hostile witnesses, leading questions are allowed. Cross examination aims to bring out facts that help the questioning attorney's case. The scope of cross examination is generally limited to topics discussed during direct, but the court has discretion to allow additional questions. Leading questions are usually permitted on cross examination but not for friendly witnesses on direct examination.

Uploaded by

joeblue147
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
319 views2 pages

Direct vs. Cross Examination Rules

Direct examination involves an attorney asking non-leading questions to elicit helpful information from a witness. For hostile witnesses, leading questions are allowed. Cross examination aims to bring out facts that help the questioning attorney's case. The scope of cross examination is generally limited to topics discussed during direct, but the court has discretion to allow additional questions. Leading questions are usually permitted on cross examination but not for friendly witnesses on direct examination.

Uploaded by

joeblue147
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Direct Examination o Attorney asks questions directing the witness to the information you are seeking So long as they

y are non leading or do not elicit open narrative, but these questions are limited o Hostile witness prohibition against leading question, the hostile witness is an exception to this prohibition, (other exception preliminary questions goes to judicial notice) the Presumption that despite the fact that this is a Q&A it is a choreographed performance but when the witness is hostile Either the witness wont talk to you in advance (they are for the opposing counsel)(hostile as matter of law) or you have someone who asks hostile The purpose of restricting the questions (non-leading) is being defeated by the witnesses refusal to cooperate Cross Examination o On direct examination, you can trust your witness to say what is expected, in cross examination sometimes it is useful to have the witness repeat what they said on direct But usually you dont want to repeat facts because the facts help the P Only repeat in small parts o The purpose of direct at the abstract level is the same to the purpose of cross The purpose is to bring out facts for the side on which the lawyer is asking questions Some of the facts go to the macro theory and on cross some go to micro theory Bring out facts that help you o But on cross you cant trust the witness who was prepared by the opposing side Cant trust them to give you answer in a way that will help you even if it i s the right answer o Cant ask double questions on cross o Also cant ask questions asked and answered On cross you have a little more leeway But on direct you dont have that cant ask that again asked and answered is an objection and if it is not objected a judge might leave it alone o Scope of cross Generally in 611 as common law interpretation The subject matter of the question that the cross examiner is allweod to ask on cross is limited to the subject matter to what the witness testified under direct Rule 611. Mode and Order of Interrogation and Presentation (a) Control by court. o The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. (b) Scope of cross-examination. o Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. (c) Leading questions. o Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on crossexamination. When a party calls a hostile witness, an adverse party, or

Scope of Cross continued

a witness identified with an adverse party, interrogation may be by leading questions.

You might also like