Can you introduce evidence on 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.

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 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.

Can you object during cross-examination?

Opposing counsel may object to certain questions asked on cross-examination if the questions violate the state's laws on evidence or if they relate to matters not discussed during direct examination.

Can you introduce new evidence in a trial?

Evidence may not be available or be known at the outset of litigation. If a matter goes to trial and new or newly available evidence comes up, it can be introduced into evidence, but there are certain caveats and rules that must be followed.

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 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.

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.

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

How do you discredit a witness cross-examination?

Prior inconsistent statements/conduct

Perhaps the most effective and most frequently used form of impairing credibility is proof of a statement or conduct by the witness that is inconsistent with the trial testimony. (Evid. Code, § 780(h)) The inconsistency need not be a complete contradiction.

What is extrinsic evidence in 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).

Can you ask leading questions in cross-examination?

When cross-examining a witness, you can ask leading questions or questions that suggest an answer. These questions are helpful because they can limit the range of answers that the witness can give and emphasizes points you want to make.

How do you introduce another evidence?

Can you be tried again if there is new evidence?

In California law, this protection is codified in Penal Code 687 PC, which states: "No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted." The double jeopardy principle protects people from being prosecuted twice for the same crime.

What to say when presenting evidence in court?

Once you have identified the exhibit and laid a foundation for it, ask the judge to admit the exhibit into evidence. Say: “Your Honor, may plaintiff's/defendant's Exhibit 1/A be admitted into evidence?” If you have not laid a sufficient foundation, the other side may object.

What is the golden rule in a trial?

A “golden rule” argument is one that, regardless of the nomenclature used, asks the jurors to place themselves in a victim's position. We have repeatedly held that a golden rule argument is improper, and we conclude that the State violated this prohibition in its closing argument.

Can you talk to your lawyer during cross-examination?

Because of the Sixth and 14th amendments of the U.S. Constitution, a criminal defendant has the right to counsel at any time. That means if the criminal defendant is on the witness stand and is being cross-examined by the district attorney and asks to talk to his or her attorney, then he or she has the right to do so.

What are the three objections?

With documentary and testimonial evidence being differentiated, and lay from expert testimony, the blog focuses on what is by far the three (3) most common trial objections made in response to lay testimony: Hearsay, Leading and Relevancy.

What is the hearsay rule?

California's "hearsay rule," defined under Evidence Code 1200, is a law that states that third-party hearsay cannot be used as evidence in a trial. This rule is based on the principle that hearsay is often unreliable and cannot be cross-examined.

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 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.