Examination in chief and cross examination pdf

For more trial advocacy tips that will help you persuade. Court examples of examinationinchief, cross examination, re. Plainly that can only benefit the cross examiner, who follows you. If the evidence is damaging to your case, why repeat it. It then turns to reexamination, where a witness who has been crossexamined may be reexamined by the party who called him. Introduction cross examination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. So often now, an advocate starts his crossexamination by dredging through the evidence already given in chief. The examination of a witness by the adverse party shall be called his crossexamination.

The examination of a witness who calls him is called as examination. After examinationinchief, the examination of the witness by an opposite party is called crossexamination the examination of a witness subsequent to crossexamination is called reexamination the reexamination can be made to explain a matter stated in examinationinchief, and if some new matter is narrated in reexamination, the adverse party can again cross examine about new matters. I try to become almost invisible once the witness is beginning to tell their story. If the party who called the witness, questions him. Stages in examination of witness section 7 there are three stages of examination of witness, examination in chief, cross examination and re examination. Hence one has to be cautious with the questions put forward. Ensure the witness faces the judge when answering questions and is not looking at you. Section 7 tells about examination inchief and cross examination of a witnesses. Tips for effective cross examination in court writinglaw. In this stage the party calling a witness, or counsel on his behalf, will seek to elicit evidence that supports his version of the facts.

Examination, crossexamination, and redirect examination. Sample questions to ask when crossexamining witnesses at a. This is where you obtain evidence from your own witnesses. The examination of witnesses whether it is an examination in chief and crossexamination or reexamination by affidavit has been furnished to the court shall be. Leading questions may not normally be asked, except on matters that are introductory to the witnesss evidence or are not in dispute.

Crossexamination is a dangerous foray behind enemy lines. This implies that crossexamination must be confined to the testimonies of the witness during his examination in chief. Differences between examinationinchief and crossexamination. Crossexamination scope and limitations subsections b and c of rule 611 specifically address two issues related to the presentation of evidence the scope of crossexamination and the use of leading questions. This section deals with the meaning of examination in chief, cross examination and re examination. Including examination in chief, crossexamination, and reexamination. Examining witnesses examinationinchief examinationinchief. Examination of witness section 7 of ea 1950 examinationin chief, crossexamination and re examination. After examinationinchief, the examination of the witness by an opposite party is called crossexamination. If you do it well, you will win your cases, time and again. Cross examination should be limited to the subject matter of direct examination in matters affecting the credibility of the witness. The crossexamination may explore all the relevant facts and not necessarily, the facts that were asked to the witness during the examination in chief. Crossexamination and its legal provisions under indian. The questioning of witnesses, which generally falls into three stages known as examinationinchief, crossexamination, and reexamination, is central to the english adversary system of justice.

In crossexamination you do not want the witness to tell the story. The examination of a witness, subsequent to the crossexamination by the party who called him, shall be called his reexamination. The questioning of a witness by the party who called him to give evidence. On the same day, after the examinationinchief of cw 1narayanan was conducted, an application under section 2312 of the cr. Information about crossexamining witnesses if you go to supreme court without a lawyer, plus sample questions to ask. The purpose of examinationinchief is to elicit facts favourable to the case of the party conducting the examination. Sc issues directions on examination of witnesses in. Cross exam the trial courts discretion to limit cross examination must be exercised carefully. Differences between examination inchief and cross examination. The scope of crossexamination is intentionally broad. You indicate the point you wish to make and put it to the witness. The examination of a witness, by the party who calls him, shall be called his examination in chief. Preparation for re examination part of your briefing process should be an explanation of the role of re examination and some practice re examination questions. Section 9 of the indian evidence act 1872 the act stipulates that a person that is summoned to appear before the court just to produce documents is not a witness by producing the documents and should not be cross.

Witnesses are introduced to a trial by their examinationinchief, which is when they answer questions asked by the lawyer representing the party which called them to the stand. The examination in chief must indirectly counter all the rebutting or all probably questions which may crop out of the cross examination. On crossexamination, however, it is usually impossible to rehearse, so you will have to rely on meticulous preparation. The object of crossexamination is to elicit evidence which supports the crossexamining partys version of the facts in issue and to cast doubt upon the witnesss evidenceinchief. Leading questions therefore are used in crossexamination. Examination in chief peter deakin qc, august 1998 updated august 2001, august 2007, april 2011 1. Eliciting positive facts known to the witness that help your case or damage. The procedure of recording the evidence of a witness in chief in respect of civil. Stages in examination of witness section 7 there are three stages of examination of witness, examinationinchief, crossexamination and reexamination.

The objects of crossexamination of a nonexpert fact witness include the following. The prosecutors crossexamination can be an effective. Examination in chief new south wales bar association. The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that persons testimony, to develop the testimony further, or to accomplish any other objective. The objects of crossexamination are to impeach the accuracy, credibility and general value of the evidence given in chief to sift the facts already stated by the witness to detect and exposes discrepancies or to elicit suppressed facts which will support the case of cross examining party powell, 10thedition, p. In deposition, crossexamine the witness to summarize and lock in her testimony before trial. The examination of a witness, subsequent to the cross. In their book on evidence, justice alan bryant and.

The objects of crossexamination are to impeach the accuracy, credibility and general value of the evidence given inchief to sift the facts already stated by the witness to detect and exposes discrepancies or to elicit suppressed facts which will support the case of crossexamining party powell, 10thedition, p. Crossexamination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officers competency or even integrity. When an objection is made that a question exceeds the permissible scope of crossexamination, the trial judge must overrule the objection if the question is relevant to any. It is hard to anticipate what questions may arise since reexamination is dependent on the questions asked in crossexamination but the expert should understand why he is being. Like a weapon, it must be treated with respect and understanding. With examination in chief the witness is allowed to tell their side of the story. After their examinationinchief, the other partys lawyer can question them too. On direct examination, witnesses are controlled through preparation and rehearsal. After the prosecution or plaintiff presents its case in chief, the defendant may then present its own case in chief.

Including examination in chief, crossexamination, and reexamination, founded on the art of winning cases. The examination of a witness, by the party who calls him, shall be called his examinationinchief. Court examples of examinationinchief, cross examination. It is a very bewildering and often terrifying experience for most people to appear in court, especially. Cross examination may be more exciting and closing argument more eloquent, but it is the direct examination of your own witnesses that will determine whether the jurors hear, understand, and remember the facts upon which your. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. Satchwell j came to the conclusion that the refusal to allow such crossexamination was. Utilize openended questions for the important parts of the story. During the trial in the regional court, the magistrate refused to allow crossexamination of the complainant concerning the contents of statements that she had made to the police. Examination of witnesses under the indian evidence act.

So examination in chief is an exercise in suppressing your enthusiasm and intervening as little as possible. This video shows the crowns examinationinchief also called direct examination of its own witness, a police officer, in a mock trial conducted at the superior court of justice in windsor. Examination of witness relevant provisions and case laws. Examination power examination in chief and cross examination presentation power open door productions examination power focuses on how barristers can maximise questioning techniques in the examination in chief and crossexamination phases of the trial to get the most from witnesses and underpin their case theory. The examination of a witness by the party who calls him shall be called his examinationinchief. The supreme court of north carolina consistently refers to the range of cross examination as very broad. Examinationinchief meaning in the cambridge english. Crossexamination introduction crossexamination at trial is controlled by fed. Unless the court otherwise directs a crossexamination of a witness is not to take place before the examination in chief of the witness. Both subsections establish limits within which a trial judge should exercise discretion in maintaining control and order. Crossexamination legal definition of crossexamination. It is hard to anticipate what questions may arise since re examination is dependent on the questions asked in cross examination but the expert should understand why he is being. Its on direct examination that you pre sent the substance of.

It is followed by a crossexamination by the opposing party. It can be your best friend or your worst enemy if handled incorrectly. Pemeriksaan utama, pemeriksaan balas, pemeriksaan semula principle and scope. This chapter focuses on the first stage, examinationinchief.

Leading questions therefore are used in cross examination. Everything you need to know about examination of witnesses. Introduction crossexamination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. Preparation for reexamination part of your briefing process should be an explanation of the role of reexamination and some practice reexamination questions. Evidenceexamination of witness linkedin slideshare. In cross examination you do not want the witness to tell the story. Who what when where how why questions that begin with any of the above are open ended and. Cross examination is usually preceded by examination in chief and is followed by re examination. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken.