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Oct 23, 2015 · Cross-examination is the legal process of interrogating a witness who has testified in court, for the purpose of discrediting or supporting the witness's credibility or knowledge of the matter. Learn about the types, rules, and tips of cross-examination, as well as the difference between leading and non-leading questions.
Evidence. 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 cross-examination is the act of the opposing party questioning the witness during a trial. It is often used to point out the weaknesses of a witness's testimony, like holes in their story or a lack of credibility. The opposing party may not ask questions outside of the scope of the direct examination. The party that called the witness to the stand may choose to conduct a redirect examination after the cross-examination.
- Establish Your Goals for Each Witness. Not every witness needs to be cross-examined. When cross-examining a witness will add nothing to your client’s case (or perhaps might even hurt it), you should probably avoid it.
- Structure Your Questions to Box Witnesses In. A tenet of cross-examination is that you should only ask questions you know the answers to. When you do, you can control a witness and force them to testify to facts beneficial to your client’s case.
- Strategically Use Constructive & Deconstructive Cross-Examination. 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.
- Know Witnesses’ Prior Testimony Inside & Out. No matter your goal for each witness or how you plan on accomplishing it, to elicit the testimony you seek, you must know each witness’s prior testimony and relevant admissible evidence regarding the witness like the back of your hand.
Learn what cross-examination is and how it is used to test the credibility of a witness in a trial. Find out the rules, purposes and examples of cross-examination in civil and criminal cases.
Learn how to answer cross-examination questions truthfully and accurately without going along with misleading information. Find tips and examples on how to listen, stay calm, and communicate with the prosecutor.
Learn how to create effective cross-examination that will advance your case. Follow eight steps to plan, prepare, and ask leading questions that undermine the other side's story or confirm your own. Find out when to stop, how to use impeachment, and what to avoid.
