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Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.
examination question should be very pointed and requires only a oneword answer, preferably yes or no. The questions that you ask on crossexamination have to be related, in some way, to the issues that the witness talked about during direct examination.
Ask Open-Ended Questions To entice a detailed response, questions should begin with: Who, Why, What, Where, and When. You should avoid beginning questions with Did, Didn't, Does, Doesn't, Is, Isn't, Aren't, Will, Won't, Can, Can't, Could, Couldn't Would, Wouldn'tthese will always call for a yes or no answer.
Say This: What, if anything, did you observe? or What part of your body bothers you? This will force a witness to spell out each answer. Avoid This: Did you see the accident? or Does your back hurt? Both will only elicit a yes or no response and the latter question might be considered as leading.
The Don'tsAsk leading questions.In your questioning, move from general to specific.Be clear and brief. Use simple language.Listen to the answers given and note important ones.Treat the witness with respect.Ask only one question at a time.Be precise with questions.Ask questions that discredit their testimony.
Leading questions are also allowed during a cross-examination when an attorney is questioning the other party's witnesses. This is because one of the purposes of cross-examination is to test the credibility of statements that a witness made on direct examination.
TEN DONT'S OF CROSS EXAMINATIONDON'T Argue with a Witness.DON'T Answer the Questions of an Opposing Witness.DON'T Argue with the Judge.DON'T Allow Yourself to be Baited by Your Opponent.DON'T Let the Jury See that Your Case has Been Hurt by an Answer.DON'T Kill a Witness Unless the Jury Wants Him Demolished.More items...
A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.
You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, Witness, what did you see at the intersection of A and B streets?