It is subtle because a good chief examination focuses entirely on the witness and their evidence. Differences between examinationinchief and crossexamination. Re examination and further cross the examination of a witness, subsequent to the cross examination by the party who called him, shall be called his re examination. Section 37 of the act specially prohibits leading questions being used in examination in chief or reexamination of a witness subject to the exceptions. In crossexamination you do not want the witness to tell the story. With examination in chief the witness is allowed to tell their side of the story. Reexamination definition of reexamination by merriamwebster. Unnecessary cross examination is not only wasteful of court time but can sometimes.
Leading questions therefore are used in crossexamination. Again, the author of this rule forgot about reexamination. Differences between examination in chief and crossexamination. Your clients vulnerability to crossexamination on his or her statement of financial. It then turns to reexamination, where a witness who has been cross. Affidavits the general rule, of course, is that evidenceinchief is given by way of affidavit. Preparing for examinationinchief of the expert thomson rogers. Pdf video recorded crossexamination or reexamination.
This video shows the crowns examination in chief also called direct examination of its own witness, a police officer, in a mock trial conducted at the superior court of. The witness will give a full account of what he knows about. So examination in chief is an exercise in suppressing your enthusiasm and intervening as little as possible. Court examples of examinationinchief, cross examination.
Like a weapon, it must be treated with respect and understanding. This chapter first discusses crossexamination, the questioning of a witness immediately after his examination in chief by the legal representative of the opponent of the party calling him, or by the opposing party in person, and by the legal representative of any other party to the proceedings or by any other party in person. How to crossexamine a witness in an australian court svenson. Preparation for re examination part of your briefing process should be an explanation of the role of re examination and some practice re examination questions. It is hard to anticipate what questions may arise since re examination is dependent on the questions asked in cross examination but the expert should understand why he is being. The general rule, of course, is that evidenceinchief is given by way of. Since the parties have a right to crossexamine the opponents witnesses, you must.
1607 831 1030 930 1147 334 748 1332 528 437 1173 315 400 868 624 319 123 954 151 541 1274 123 940 1610 1606 517 67 938 1078 244 1108 898