In a courtroom, individuals take turns asking questions to uncover the truth. When one person is done questioning, they use the phrase “pass the witness” to signal the next person to begin their line of questioning. This action can be likened to passing a ball during a game.
In a courtroom, the phrase “pass the witness” is used by a lawyer to signal the end of their questioning and the start of the other side’s questioning. It can also be referred to as “take the witness” or “your witness”. For instance, Lawyer 1 states, “Your honour, I have no further questions for this witness.” The judge responds, “Very well. Lawyer 2, you may now proceed with your questioning.” Lawyer 2 then asks the witness, “Thank you, your honour. Can you please describe what you saw on the night of the incident?” In this scenario, Lawyer 1 concludes their questioning and passes the witness to Lawyer 2, who then begins their line of questioning. Alternatively, Lawyer 1 states, “Your honour, I have no further questions for this witness.” The judge then asks, “Very well. Does the defence have any questions for this witness?” Lawyer 2 responds, “Yes, your honour. Witness, can you please describe your relationship with the defendant?” In this case, instead of using the phrase “pass the witness,” the judge prompts the other side to commence their questioning by inquiring if they have any questions for the witness.
Yes, it is legal to pass the witness in a courtroom. This practice allows one party to conclude their questioning of a witness and allows the opposing party to begin their cross-examination.
In certain circumstances, a judge may refuse to allow the passing of the witness. This typically occurs when the questioning party has not fully exhausted their examination or if the judge believes it would be unfair to the witness or the opposing party.
If a witness refuses to answer a question during cross-examination, the opposing party can request the judge to compel the witness to answer. If the judge agrees, the witness may be held in contempt of court if they continue to refuse.
Yes, a witness can be recalled after being passed. This may occur if new evidence or information arises that requires the witness to provide further testimony.
There are generally no specific limitations on passing the witness. However, the judge may intervene if they believe the passing is being abused or if it is causing unnecessary delays in the trial.
Yes, the passing of the witness can be used strategically by the questioning party. It allows them to control the flow of the trial and potentially catch the opposing party off guard during cross-examination.
While the passing of the witness can be used to avoid difficult questions, it is generally discouraged. Judges may view this as an attempt to manipulate the proceedings and may intervene if they believe it is being done in bad faith.
The passing of the witness is primarily used for transitioning between the questioning parties and not for introducing new evidence. However, if new evidence arises during cross-examination, it can be presented to the court.
Yes, the passing of the witness can be done multiple times during a trial. It allows for a fair and balanced examination of the witness by both parties.
The passing of the witness is commonly used in courtroom trials, but its applicability may vary in other legal proceedings such as depositions or administrative hearings. It is best to consult with a legal professional to determine its appropriateness in specific situations.
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: 17th April 2024.
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