Your client will have had only a limited opportunity to expand on her witness statement in examination in chief. In reexamining a witness, one cannot use it to raise new issues or provide the missing link in the evidence under examination in chief or repair damage done under cross examination. Crossexamination is, like all other parts of the trial opening, direct examinations and closing, a means by which you argue your case. The reexamination shall be directed to the explanation of matters referred to in crossexamination. Crossexamination takes place after examinationinchief, or when a witness is tendered for crossexamination. Before conducting the crossexamination of an expert witness, the criminal defense attorney must become an expert in forensic evidence as well as the basic principals of forensics. This happens when the party calling the witness does not wish to ask that witness any question themselves, but calls the witness so that heshe can be sworn in and crossexamined by the other party if it wishes. Thus, the defence will crossexamine the investigating police officers after the prosecutor has conducted the. The purpose of re examination is to enable the witness to explain and clarify relevant testimony which may have been weakened or obscured in cross examination. Sample questions to ask when crossexamining witnesses at a. Examinationinchief, crossexamination and reexamination 1 the right to begin. Similarly, if the cross examination has inflicted minimal damage, then the risks may well outweigh the possible gains of reexamining, as well as overemphasising any damage. Court examples of examinationinchief, cross examination.
To master that art, lawyers need to give crossexamination the same attention they do other phases of trial. After their examinationinchief, the other partys lawyer can question them too. Reexamination of a witness once a witness has given their evidenceinchief and been crossexamined by the other side the solicitor may reexamine their witness. The purpose of reexamination is to reconcile apparent inconsistencies, if any, between statements in the examinationinchief and crossexamination or to elucidate any statement accidentally made in crossexamination or to remove any vagueness or uncertainty in the witness statements or any suspicions cast on such statements during crossexamination. Examinationinchief legal definition of examinationinchief. The purpose of reexamination is to enable the witness to explain and clarify relevant testimony which may have been weakened or obscured in crossexamination. For more trial advocacy tips that will help you persuade. Witness is unshakeable in crossexamination witness knows courtroom etiquette prep at the start of the case identify all possible witnesses with help of client. The evidence should appear to be flowing effortlessly from the witness. Mar 24, 2015 order of examinations witnesses shall be first examined in chief, then if the adverse party so desires cross examined, then if the party calling him so desires reexamined. Following are sample transcripts that include the states direct examination as well the defense attorneys crossexamination of state experts.
Questions should be confined to matters arising from the cross examination, and new matters should not be introduced or attempts to remedy defects from examination in chief. Unless the court otherwise directs a crossexamination of a witness is not to take place before the examination in chief of the witness. Examination of witnesses is at the heart of a party proving its case in the court of law as it provides further avenues to further help buttress its positions and. Preparing for examination in chief of the expert presented by. After their examinationinchief, the other partys lawyer can question them. Final point to note many witnesses come out of giving evidence feeling like they have not had a chance to have their say, but have just. If nothing else, remember that and youll have conducted a successful crossexamination. Cross examination can at times take form of intensive questioning with the expected answers hinted to in such questions itself. If you continue browsing the site, you agree to the use of cookies on this website. Court examples of examinationinchief, cross examination, reexamination and leading questions theory of abrogation. Multiplication or splitting up of charges on the basis. The usual practice is for you to call your client first, but it is worth remembering that, as counsel in the matter, you have a discretion when it comes to the order in which witnesses are called. In law, cross examination is the interrogation of a witness called by ones opponent. The project gutenberg ebook of the art of crossexamination, by.
Reexamination this is where you will reexamine your own witness after heshe has been crossexamined. This chapter first discusses crossexamination, the questioning of a witness immediately after his examination in chief by the legal representative of the opponent of the party calling him, or by the opposing party in person, and by the legal representative of any other party to the proceedings or by any other party in person. Moreover since already discussed earlier examination in chief requires a lot of skill, hard work and art. It is accordingly confined to the explanation of matter refereed to in cross examination. South africa, india and pakistan known as examinationinchief and may be followed by a redirect reexamination in ireland, england, scotland. One of the purposes of cross examination is to asking questions regarding what the witness has stated in the examination in chief and the answer is the reply by the witness to the question put by the advocate. Cross examination the interrogation of a witness called by ones opponent. This publication is available in pdf form on the web site of the osce mission to skopje. Including examination in chief, crossexamination, and reexamination, founded on the art of winning cases. The purpose object of re examination is to afford to the party calling a witness an opportunity of filing in lacuna or explaining the consistencies which the cross examination has observed. 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. Information about crossexamining witnesses if you go to supreme court. Leading questions therefore are used in cross examination. Order of examinations witnesses shall be first examinedinchief, then if the adverse party so desires crossexamined, then if the party calling him so desires reexamined.
In law, crossexamination is the interrogation of a witness called by ones opponent. Nothing annoys me more than advocates who lead in reexamination. Reexamination of a witness once a witness has given their evidenceinchief and been crossexamined by the other side the solicitor may reexamine their witness re examination in court. The purpose of re examination is to give the witness an opportunity to explain any matters raised during cross examination and is therefore limited to only those matters that were. The prosecutors crossexamination can be an effective. Crossexamination is an art form only occasionally practiced by prosecutors, who instead necessarily focus much of their efforts on direct examination. The reexamination shall be directed to the explanation of matters referred in crossexamination and if a new matter is, by permission of the court. Definition of examinationinchief in the legal dictionary by free online english dictionary and encyclopedia. Aug 09, 2017 re examination under indian evidence act. Explain that crossexamination may not be gentle but the crossexaminer cannot harass the witness and the judge has certain remedies in extreme cases to control abuses. Crossexamination is the interrogation of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination of. Differences between examinationinchief and crossexamination.
Including examination in chief, crossexamination, and re. Enter your first name and email below to immediately download the entire art of crossexamination in an easytoread format. Differences between examination in chief and crossexamination. Crossexamination purposes crossexamination is the process of questioning an adverse party or witness. You indicate the point you wish to make and put it to the witness. Re examination of a witness once a witness has given their evidence in chief and been cross examined by the other side the solicitor may reexamine their witness. Minter ellison rudd watts witex witness competition tutorial 3. In paragraph 19 of the decision, the apex court observed that the evidence of every witness will be in the form of an affidavit and what remains is only cross examination or reexamination. Review anticipated areas of crossexamination and give examples of expected questions. The examination and crossexamination must relate to relevant facts, but the crossexamination need not be confined to the facts to which the witness testified on his or her examinationinchief. Examination of witnesses in criminal proceedings visnu.
Leading questions therefore are used in crossexamination. It is subtle because a good chief examination focuses entirely on the witness and their evidence. Tips for effective crossexamination gentry locke attorneys. With examination in chief the witness is allowed to tell their side of the story. Court examples of examinationinchief, cross examination, re. Mar 28, 2014 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.
Cross examination in the can be defined as the examination of a witness called by ones opponent. This is brought on by the prosecution bearing the burden of proof and the simple realities of many criminal. The examination in chief is one of the methods of finding truth from the facts. Crossexamination the interrogation of a witness called by ones opponent. K slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. In reexamining a witness, one cannot use it to raise new issues or provide the missing link in the evidence under examinationinchief or repair damage done under crossexamination. One purpose of examination in chief is to accustom the witness to the court room and to addressing the tribunal before she is subjected to cross examination.
It should be remembered that the justice should not be defeated by the improper crossexamination. The north carolina courts have consistently held that crossexamination may serve four purposes. Sample crossexamination transcripts criminal defense wiki. The direct examination or examinationinchief is one stage in the process of adducing. Evidence act 1909 uganda legal information institute. Crossexamination may have touched on much of the statement, but in a manner aimed at damaging your clients credibility rather than enabling her to put her. Court examples of examinationinchief, cross examination, reexamination and leading questions.
It is preceded by direct examination in ireland, the united kingdom, australia, canada, south africa, india and pakistan known as examination in chief and may be followed by a redirect re examination in ireland, england, scotland, australia, canada, south africa, india, hong kong, and pakistan. If you do it well, you will win your cases, time and again. In discussing the methods to employ when crossexamining a witness, let us imagine ourselves at work in the trial of a cause, and at the close of the direct. It is preceded by direct examination in ireland, the united kingdom, australia, canada, south africa, india and pakistan known as examinationinchief and may be followed by a redirect reexamination in ireland, england, scotland, australia, canada, south africa, india, hong kong, and pakistan. The object of crossexamination is to elicit evidence which. Crossexamination legal definition of crossexamination. Examination in chief is not an opportunity to take the witness through all the points that will be put in cross examination. Examination, crossexamination, and redirect examination. Preparing for examinationinchief of the expert presented by.
Crossexamination usually consists of narrow, leading questions calling for yes. Including examination in chief, crossexamination, and reexamination in chief, crossexamination, and. Court examples of examination in chief, cross examination, reexamination and leading questions theory of abrogation. The prohibition against leading questions during examination in chief of favourable witnesses is intended to prevent the examination being unfairly conducted, ie. In criminal cases the crown has the right to begin. Differences between examination in chief and cross examination.
The examination and crossexamination must relate to relevant facts, but the crossexamination need not be confined to the facts to which the witness testified on his examination in chief. But this system has been corrupted to an extent that the witnesses have merely become puppets whose threads are with the lawyer. According to section 7 of the indian evidence act,1872 the examination of a witness, by the party who calls him, shall be called his examinationinchief. Re examination also permits for the possibility of rehabilitating a witness whose credibility has been damaged on cross examination. Articles of charge a charge should be brief, clear and precise it should identify the misconduct misbehaviour preferably be in the third person. Apr 10, 2016 the purpose of reexamination is to reconcile apparent inconsistencies, if any, between statements in the examinationinchief and crossexamination or to elucidate any statement accidentally made in crossexamination or to remove any vagueness or uncertainty in the witness statements or any suspicions cast on such statements during crossexamination.
One of the purposes of crossexamination is to asking questions regarding what the witness has stated in the examinationinchief and the answer is the reply by the witness to the question put by the advocate. The examination and cross examination has to be related to relevant facts but the cross examination need not be confined to the facts to which the witness testified on his examination in chief. The re examination must be restricted to matters that were covered during the cross examination. Indian evidence act examination of witnesses part 1 of. In civil cases the plaintiff has the right to begin unless the defendant has the burden of proof on every issue. Examinationinchief meaning in the cambridge english. 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. After a witness is directly examined, the opposing side conducts a crossexamination, the purpose of which is.
So examination in chief is an exercise in suppressing your enthusiasm and intervening as little as possible. The purpose of reexamination is to give the witness an opportunity to explain any matters raised during crossexamination and is therefore limited to only those matters that were. The scope of crossexamination is intentionally broad. Reexamination also permits for the possibility of rehabilitating a witness whose credibility has. Checklist for direct, crossexamination and direct examination.
Cross examination of witnesses has an important role in the presentation of evidence in the court of law irrespective of civil or criminal case. In crossexamination you do not want the witness to tell the story. Crossexamination is not a time for the lawyer to grandstand or win a battle of wits with the witness. A separate article of charge should be framed in respect of each transactionevent or a series of related transactions events. Crossexamination in the can be defined as the examination of a witness called by ones opponent. South africa, india and pakistan known as examinationinchief and may be followed by a redirect re examination in ireland, england, scotland. Thus, the defence will cross examine the investigating police officers after the prosecutor has conducted the examination in chief it serves two functions. 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. What are the different stages of the examination of witness. Examination in chief electronic immigration network. What are the different stages of the examination of. Choates crossexamination of russell sage in the third.
One purpose of examination in chief is to accustom the witness to the court room and to addressing the tribunal before she is subjected to crossexamination. Crossexamination questions should be limited to those which reveal information necessary to support statements made in the closing argument. Rule 611b allows crossexamination on any matter relevant to any issue in the case, including credibility. The apex court noted that as per the rule 4 of order xviii of the said code, examinationinchief in every case shall be on affidavit. In cross examination you do not want the witness to tell the story. Preparing and conducting an effective examinationinchief and reexamination justice nancy spies introduction. Re examination also permits for the possibility of rehabilitating a witness whose credibility has. So expert a witness had he become that chief justice van.
The examination and crossexamination must relate to relevant facts, but the crossexamination need not be confined to the facts to which the witness testified on his examinationinchief. Jan 06, 2012 it should be remembered that the justice should not be defeated by the improper cross examination. Dec 31, 2012 examination of witnesses in criminal proceedingsforensic medicine by visnu. We use your linkedin profile and activity data to personalize ads and to. According to at least one judge, most lawyers do a good job in their opening statements, direct examinations, and closing argument, but never learn the art of crossexamination. Examination of witnesses in criminal proceedingsforensic medicine by visnu.