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Cross examination definition1/23/2024 To become more familiar with it, we should consider the subject from different angles.Ĭross-examination is the process whereby a party who appears in court asks the opposing witness’ party questions to ascertain the veracity of his claims. Cross-examination is more than the simple process of fielding a witness questions. It is important that laws and regulations are promulgated in order to avoid a state of lawlessness, hence the need to explore the Indian Law, as well as, peruse through the cross-examination process in India.Ĭross-examination is an important tool during a legal tussle in a court of competent jurisdiction owing to the fact that it is one of the viable means through which the truth can be separated from falsehood. Thus, in addition to the other stages of trial, substantial amount of preparation is usually needed for effective direct examinations and cross-examinations.Cross-examination and its legal provisions under Indian Law-Evidenceact CROSS-EXAMINATION AND ITS LEGAL PROVISIONS UNDER INDIAN LAW Since the examination stage of the trial is of utmost importance, it is essential to consider not only the witness’s potential testimony, but also the witness’s credibility. As one can tell, direct examination and cross-examination are two critical stages of a trial. A leading question essentially suggests the answer to the question. Leading a witness is a strategical tactic that trial attorneys use while cross-examining a witness. An example of leading the witness is as follows: Question: You were texting while driving at the time of the collision, correct? Answer: Correct. Importantly, on cross-examination, an attorney may lead the witness. Impeaching a witness is aimed to show the jury the witness’s testimony on direct examination, or throughout the entire trial, cannot be trusted. When an attorney attempts to impeach a witness, the attorney is basically trying to call into question the credibility of the witness in front of the judge and jury. Specifically, cross-examination allows the opposing party’s attorney to question the witness in order to uncover information that may not have been disclosed during direct examination or to impeach the witness. Cross-examination occurs after the witness’s direct examination. Conversely, cross-examination provides a difference type of opportunity for an attorney to examine a witness. Furthermore, outside of limited circumstances, an attorney may not lead the witness during a direct examination. Asking open-ended questions such as these allows the witness to freely describe his or her impressions of what happened in a certain situation. Normally, a direct examination consists of who, what, where, when and why style of questions. For example, if the plaintiff calls a witness to the stand (assuming that the witness is not a hostile or adverse witness), the plaintiff’s attorney will engage in a direct examination of the witness. Depending on who is calling the witness to testify will generally dictate the type of examination that will occur for each witness. The Difference Between Direct Examination and Cross-Examination Through the course of a trial, attorneys have the opportunity to direct an examination of certain witnesses and cross-examine other witnesses.
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