The interrogating or questioning of a witness by the party against whom he or she has been called and examined. See examination.
At trial, the opportunity to question any witness, including your opponent, who testifies against you on direct examination. The opportunity to cross-examine usually occurs as soon as a witness completes her direct testimony — often the opposing lawyer or party, or sometimes the judge, signals that it is time to begin cross-examination by saying, “Your witness.” Typically, there are two important reasons to engage in cross-examination: to attempt to get the witness to say something helpful to your side, or to cast doubt on (impeach) the witness by getting her to admit something that reduces her credibility — for example, that her eyesight is so poor that she may not have seen an event clearly.
n. the opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party. The questions on cross-examination are limited to the subjects covered in the direct examination of the witness, but importantly, the attorney may ask leading questions in which he/she is allowed to suggest answers or put words in the witness’s mouth. (For example, “Isn’t it true that you told Mrs. Jones she had done nothing wrong?” which is leading, as compared to “Did you say anything to Mrs. Jones?”) A strong cross-examination (often called just “cross” by lawyers and judges) can force contradictions, expressions of doubts or even complete obliteration of a witness’s prior carefully rehearsed testimony. On the other hand, repetition of a witness’ s story, vehemently defended, can strengthen his/her credibility.
A cross-examination is a legal process in which one party questions a witness who has already been examined by the opposing party. The purpose of cross-examination is to challenge the credibility, accuracy, and consistency of the witness’s testimony, as well as to elicit any additional information that may be beneficial to the questioning party’s case. Cross-examination is an essential part of the adversarial legal system and is conducted in court under the supervision of a judge.
Questioning a witness by the side other than the one who called that witness. In general, counsel may ask any question of a witness during cross-examination that is relevant to the case. Deliberate attempts to damage the credibility of the witness are allowed. However, there are certain restrictions.
- In sexual offences, the defence is not allowed to be examined in a way that attempts merely to blacken the character of the victim (see: Cross-examination of victims of sexual offences).
- While it is generally permissible to challenge the witness’s version of events, the rule of finality of collateral answers prevents counsel from pursuing issues not directly relevant to the case.
Cross-examination is the questioning of a witness by the opposing party’s attorney during a trial or hearing. It is an opportunity to challenge the credibility, accuracy, or consistency of the witness’s testimony.
The purpose of cross-examination is to test the witness’s credibility, expose any inconsistencies or biases in their testimony, and elicit favourable evidence for the cross-examiner’s case.
Yes, leading questions are allowed during cross-examination. These are questions that suggest the desired answer and typically begin with words like “isn’t it true” or “didn’t you.”
In general, cross-examination is conducted by the opposing party’s attorney. However, in certain circumstances, a party may be allowed to cross-examine their own witness if there is a conflict of interest or if the witness’s testimony has become unfavourable.
No, cross-examination questions should be relevant to the issues being litigated. The court may object to questions that are deemed irrelevant or prejudicial.
Yes, cross-examination provides an opportunity to impeach a witness’s credibility. This can be done by introducing prior inconsistent statements, showing bias or motive, or challenging the witness’s ability to perceive or remember events accurately.
Yes, you can object to questions asked during cross-examination if they violate the rules of evidence or are otherwise improper. Common objections during cross-examination include relevance, hearsay, and leading questions.
Yes, leading questions are allowed during redirect examination, which is the follow-up questioning of a witness by the party who called them. Leading questions can be used to clarify or rehabilitate the witness’s testimony after cross-examination.
Generally, you should avoid asking the same question repeatedly during cross-examination. However, if the witness’s answers are inconsistent or evasive, you may be allowed to rephrase or repeat the question to highlight the inconsistency or elicit a clearer response.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 10th April 2024.
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