What is cross-examination in a hearing?

The concept of cross-examination is that the lawyer is supposed to control the witness and force the witness to answer questions harmful to an adversary’s case. When you ask an open-ended question, or a question where you do not know what the answer will be, the witness may hit that question out of the ballpark.

What are 3 rules for composing cross-examination questions?

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is …

What questions can be asked in cross-examination?

In the course of cross-examination, a witness may be asked questions: (i) To test his veracity; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.

What is the order of cross-examination?

Section 138 of the Indian Evidence Act, 1872 (hereinafter referred to as “Evidence Act”), deals with the Order of examinations, i.e. the witness shall be first examined-in-chief, then cross-examined and if required later to be re-examined by the party calling witness.

What is the purpose of cross-examination in court?

Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.

What is the purpose of cross-examination explain?

The purpose of cross-examination is to create doubt about the truthfulness of the witness’s testimony, especially as it applies to the incidents that are at issue in the case. Cross-examination questions are usually the opposite of direct examination questions.

What are the rules for cross-examination?

The late Professor Irving Younger had four simple “rules” for cross- examination: – When you are winning, STOP; – When you do not know what to do, STOP; – When you have made your point, STOP; and – Before you get hurt, STOP.

How do you prepare cross-examination questions?

Use only leading questions Questions suggesting a subject is not a leading question. Leading questions are only allowed in cross-examination because its object is to elucidate the truth. The general rule is to compel the witness to say yes or no after every question.

What questions can you ask a witness?

Sample Questions to Ask the Witnesses:

What did you witness?
What was the date, time and duration of the incident or behavior you witnessed?
Where did it happen?
Who was involved?
What did each person do and say?
Did anyone else see it happen?
What did you do after witnessing the incident or behavior?

What is the order of examination?

The order of examination is laid down under section 138 which states that: Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, and finally (if the party calling him so desires) re-examined.

How do you do cross examination?

Five Steps to an Effective Cross-Examination

Establish Your Goals for Each Witness.
Structure Your Questions to Box Witnesses In.
Strategically Use Constructive & Deconstructive Cross-Examination.
Know Witnesses’ Prior Testimony Inside & Out.
Keep Your Cool with Uncooperative Witnesses.