Can evidence be submitted during cross-examination?

• Be Brief. Be brief, short and succinct. ...
• Use Plain Words. The jury can understand short questions and plain words. ...
• Use Only Leading Questions. The law forbids questions on direct examination that suggest the answer. ...
• Be Prepared. ...
• Listen. ...
• Do Not Quarrel. ...
• Avoid Repetition. ...
• Disallow Witness Explanation.

Which of the following is a lawyer not able to do during a cross-examination?

However, the attorney conducting the cross-examination may not ask questions outside of scope of the direct examination. In other words, the attorney may not raise issues that go beyond the subject matter of the witness's initial testimony.

What are the limitations of cross-examination?

The scope of cross-examination is not limited to matters asked about on direct examination. It is generally “wide open” to any questions, limited only by relevance, a good faith basis for the question, and the judge's discretion. See State.

What is the golden rule of cross-examination?

Preparation is the golden rule of cross-examination. The most effective cross is not random or casual but strategically planned to support your theory of the case. The first step is to prepare a theory of your case. The questions you ask on cross-examination should be consistent with your theory.

What questions should you avoid in cross-examination?

Never ask open-ended questions. Ask only questions you already know the answer to, because you have deposed the witness. Never ask that “one questions too many.” Know which form of cross-examination to use — constructive or destructive — and when.

What are the two requirements for evidence to be allowed into trial?

Can a judge end a cross-examination?

Because the witness may be hostile and uncooperative, courts generally permit leading questions throughout cross-examination; 2' however, the trial judge has discretion to stop an interrogation that appears to be eliciting unreliable or distorted evidence.

Can you introduce evidence on redirect?

[T]he court should only allow so much additional evidence to be introduced on redirect as is necessary to meet what has been brought out in the meantime upon the cross-examination. . . .

What are three things to keep in mind during a cross-examination?

What is the most common type of evidence?

Fingerprints are by far the most common type of physical evidence found in most crime scenes, though there are a number of other types of evidence that must be identified and collected from the crime scene as well, including biological and trace evidence, as well as evidence left by the use of firearms or other weapons ...

Can you use exhibits in cross-examination?

If you will be using demonstrative exhibits in cross-examination, and opposing counsel is not objecting, you need to use those exhibits in your opening. Demonstrative exhibits pull together facts that come from many witnesses. For example, timelines are often used to orient judges, witnsseses and jurors.

Can you admit evidence on cross-examination?

(5) If the witness denies or does not remember making the statement, and if the statement is on a material issue, then the cross-examiner may introduce extrinsic evidence of it (a written statement, a deposition, or a person claiming to have heard an oral statement).

How to outsmart cross-examination?

What objections can you make during cross-examination?

You can object if you think the other side's evidence, witness testimony, or question should not be allowed. The rules for what is allowed in court are in the evidence code. If a judge agrees with your objection, the evidence or testimony won't be part of the official court record and can't be used to decide your case.

What not to say during cross-examination?

Never ask open-ended questions; word each question narrowly, and have a reason for every question you ask. Finally, never ask narrative-generating questions; they allow your opponent to re-open direct examination and blunt the effectiveness of your cross.

What are the limits of cross-examination?

Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility. The court may allow inquiry into additional matters as if on direct examination. (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

How long is a typical cross-examination?

The overwhelming majority of witnesses can be cross-examined in 30 minutes or less even in very complicated cases. Effective cross-examination makes a point quickly and keeps the jury engaged from the moment you ask your first question until you pass the witness for re-direct.

What does hearsay mean in court?

Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts, which is then offered in evidence to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish credibility.

How does cross-examination impair witness credibility?

Effective cross-examination will show that the witness cannot recall sufficient details of the event, thus harming their credibility. Questioning along these lines is most often seen as exposing the passage of time since the occurrence.

What is meant by "no case to answer"?

No case for the defendant to answer (sometimes shortened to no case to answer) is a term in the criminal law of some Commonwealth states, whereby a defendant seeks acquittal without having to present a defence, because of the insufficiency of the prosecution's case.