9

Pretty straightforward question, really: what are the topical constraints of cross examination with reference to examination?

Suppose party A calls witness W to the stand to ask them questions about the alleged motive and means for the crime.

Party B now cross examines W but would like to use the opportunity to raise points rather about W’s whereabouts and possible alibi so the questions B would ask W in CE actually have nothing to do with those asked of W by A shortly before. Are they nonetheless allowed?

2 Answers 2

13

On cross-examination any relevant questions can be asked.

It is re-examination that is confined to clarifying whatever new questions/issues were raised during cross.

2
  • Is re examination entitled to be followed up by further cross examination? Mar 14, 2023 at 3:24
  • 2
    @Seekinganswers No. That's exactly why it is confined. But the judge may make exceptions at their discretion.
    – Greendrake
    Mar 14, 2023 at 3:25
0

Counsel can ask relevant questions on cross. However, what was asked in direct can be a factor as to what is considered "relevant" on cross, so there are situations where what can be asked on cross is dictated by direct. For instance, if a party wants to ask a witness how old their children are, that question is much more likely to be allowed as relevant if the other party already asked the witness questions about their children. Asking a witness about their possible alibi is quite likely to not be allowed if a foundation hasn't been laid, but the question of foundation is present in both direct and cross.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .