Civil Litigation-Cross-Examination
The purpose of cross-examination, on the other hand, is to allow the adverse party (the party who has not called the witness) to try to pin that witness down. The witness is not typically allowed to explain his or her answers on cross-examination.
A skillful cross examiner will ask only questions in the form of Isn’t it true that…. That type of questioning is intended to elicit a simple yes or no answer and to not allow the witness to explain answers in any detail. This form of questioning is called leading. If the witness wishes to explain the answer or if the attorney who initially called the witness wishes to have the witness explain the answer, then that attorney will have the opportunity on redirect examination (the examination that takes place after the cross-examination).
The general format by which questioning of witnesses is conducted is:
* first, by direct examination, in which nonleading questions are asked by the attorney calling the witness;
* second, by cross-examination by opposing counsel, frequently through the use of leading questions; and,
* third, by redirect examination, in which the party that originally called the witness may ask more nonleading questions, allowing the witness to explain any answers that may have been given on cross-examination.
Cross-examination is generally limited by the scope of the direct examination. If, on direct examination, the witness was only asked a limited number of questions about limited issues, then the cross-examination must be limited to those issues. The cross-examination may not go beyond the general scope of the direct examination.
