Define: Recross-Examination

Recross-Examination
Recross-Examination
Quick Summary of Recross-Examination

After the opposing lawyer has conducted redirect examination, recross-examination occurs when a lawyer poses additional questions to a witness. Cross-examination, on the other hand, involves a lawyer questioning a witness who was summoned to testify by the opposing party. The primary objective of cross-examination is to question the witness’s credibility and expose any inconsistencies or uncertainties in their testimony. While conducting cross-examination, the lawyer can ask leading questions, but is restricted to topics covered in direct examination and credibility concerns.

Full Definition Of Recross-Examination

Recross-examination is the second round of questioning a witness by the opposing party’s lawyer, following the redirect examination. It is commonly referred to as “recross.” The purpose of recross-examination is to challenge the witness’s credibility or highlight any contradictions and inconsistencies in their testimony. In a trial, the prosecution presents a witness who testifies, and then the defence lawyer cross-examines the witness to challenge their testimony. The prosecution may then redirect-examine the witness to address any issues raised during cross-examination. Finally, the defence lawyer may conduct a recross-examination to further challenge the witness’s credibility or testimony. Another scenario could occur during a hearing, where a witness is called to testify about an incident. The opposing party’s lawyer cross-examines the witness, and then the party who called the witness redirects the examination. Finally, the opposing party’s lawyer performs a recross-examination to further challenge the witness’s testimony. Recross-examination is a legal term used in court proceedings, allowing the opposing party’s lawyer a second opportunity to question a witness after the redirect examination. Its purpose is to challenge the witness’s credibility or expose any inconsistencies in their testimony. This process aids the fact-finder in determining the truthfulness of the witness’s statements.

Recross-Examination FAQ'S

Recross-examination is the questioning of a witness by the opposing party after they have been cross-examined by the other party. It allows for further clarification or challenging of the witness’s testimony.

Recross-examination typically takes place immediately after the cross-examination, following the redirect examination by the party who originally called the witness.

The party who initially called the witness has the right to conduct recross-examination. However, the judge may allow the opposing party to ask additional questions if necessary.

The purpose of recross-examination is to address any new issues or inconsistencies that may have arisen during the cross-examination. It allows the opposing party to further challenge the witness’s credibility or clarify any ambiguities.

The duration of recross-examination varies depending on the complexity of the case and the witness’s testimony. It can range from a few minutes to several hours.

Generally, recross-examination is not the appropriate time to introduce new evidence. Its purpose is to address issues raised during cross-examination, not to present new facts or evidence.

Yes, leading questions are allowed during recross-examination. This means that the attorney can ask questions that suggest the desired answer, rather than open-ended questions.

Yes, recross-examination can be waived if the party chooses not to ask any further questions or if the judge determines it is unnecessary.

No, recross-examination is not typically used for witness rehabilitation. Its purpose is to challenge or clarify the witness’s testimony, not to support or strengthen it.

Yes, the judge has the authority to limit the scope or duration of recross-examination if it becomes repetitive, irrelevant, or unduly time-consuming. The judge’s goal is to ensure a fair and efficient trial process.

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Disclaimer

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: 16th April 2024.

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