What is it called when the other side questions a witness?

Asked by: Nikko Hilpert  |  Last update: September 20, 2025
Score: 4.8/5 (69 votes)

Cross-examine a witnesses. If the other calls a live witness, you can cross-examine the witness after the they or their attorney finishes questioning that witness.

What is the questioning of a witness produced by the other side?

Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.

What is the questioning of a witness called?

examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

What is the examination through questioning of a witness called by the opposing side?

cross examination. A cross-examination is the act of the opposing party questioning the witness during a trial . Generally, a witness is initially questioned by the party who called them to the stand on direct examination .

What is the process of a witness being questioned by the opposing party?

Cross-Examination: Per section 761, cross-examination generally involves questioning witnesses called by the opposing party. On cross-examination, attorneys typically aim to impeach the credibility of these witnesses or elicit information that supports their case.

7 Secret Ways Lawyers Destroy A Witness's Credibility

21 related questions found

What is to question a witness already examined by the opposing side?

Cross-examine a witnesses. If the other calls a live witness, you can cross-examine the witness after the they or their attorney finishes questioning that witness.

What is a rebuttal witness?

A rebuttal witness is someone who is called to testify in court in order to contradict or disprove the testimony of a witness called by the opposing party.

What is questioning of a witness by anyone other than the party who called the witness?

CROSS-EXAMINATION. Cross-examination of witnesses called by the opposing party is an absolute right in both civil and criminal cases.

How to prove a witness is biased?

The credibility of a witness may be impeached by asking the witness on cross-examination about the witness's bias, hostility, or interest for or against any party to the proceeding and by extrinsic evidence of such bias, hostility, or interest.

What questions cannot be asked in court?

(1) Ambiguous questions. A question that is ambiguous or vague for lack of a reference point is improper, e.g., asking a witness to describe “the” car when several cars were involved in an accident. (2) Compound questions.

What is the legal term for questioning?

interrogation. n. questioning of a suspect or witness by law enforcement authorities. Once a person being questioned is arrested (is a "prime" suspect), he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process.

What is a third party witness?

A third-party witness will be a person you do not know. This person would have been present when your accident occurred and would have watched the event unfold. Any additional information they provide, in conjunction with yours, has the potential to help your case.

What is witness compatible questioning?

Geiselman & Fisher called this “witness-compatible questioning” and it requires the interviewer to structure an interview around the recollections of the witness, rather than proceeding in a pre-determined sequence. 6.

What is the problem associated with lineups?

The police lineup represents an essential tool of the criminal justice system, but several problems are associated with its use: overbelief in lineup identification, all-or-none nature of the lineup, similarity of foils to the suspect, failure to choose the offender, and small lineup size.

What is it referred to when a witness is questioned on the witness stand by the attorney who called the individual as a witness?

You might also question a witness. You'll want the witness to tell the court what they know, but the only way you can get information out of a witness is by asking questions in specific ways that follow court rules. This is called direct examination.

What is the two witness rule?

To meet the test under two-witness rule, it is necessary that, at least, two witnesses should testify as to the perpetration of the same treasonous overt act, and the sameness must include not only identity of kind and nature of the act, but as to the precise one which has actually been perpetrated.

How do you expose a bias judge?

  1. Complaints to the CJP. An attorney can make a complaint to the Commission on Judicial Performance (“CJP”) of judicial bias. ...
  2. Many complaints, few judges disciplined. ...
  3. Court's duty to prohibit bias. ...
  4. Courts' anemic compliance. ...
  5. Hopeful signs. ...
  6. The California Supreme Court launches the “Work Group” ...
  7. Call to action – say something.

What are the most common attributes used to discredit a witness?

The most common attributes used to discredit a witness include bias, inconsistency, lack of credibility, prior criminal history, and lack of firsthand knowledge or experience with the events in question.

How to challenge witness credibility?

Analyze Witness Statements

Scrutinize for Inconsistencies, Omissions, and Biases: Look for any contradictions, omissions, or biases in witness statements. These can be used to challenge their credibility and cast doubt on their testimony.

What is a reluctant witness?

Reluctant witnesses are, by their very nature, disinclined to attend Court and will hence be regarded as a potentially 'hostile' witness, and they might also give different or previously undisclosed evidence to the Court which could be unfavourable to the party calling them.

What is the questioning of a witness by the attorney for the other side called?

cross-examine - Questioning of a witness by the attorney for the other side.

How to interview a hostile witness?

When confronted with a hostile witness, incorporate “you” in as many questions or responses to the witness as you can. Rather than saying “There's no proof of that,” say “You've no proof of that.” The “you” is a further challenge to the witness' ego, and will invariably lead to better information for you.

What is a surrebuttal?

Surrebuttal is the response to a rebuttal that the responding party may be allowed to make in rare circumstances. Usually, a court will only allow the moving party to have a rebuttal to the evidence and arguments of the responding party.

What is a preponderance of the evidence?

To prove an element by a preponderance of the evidence simply means to prove that something is more likely than not. In other words, in light of the evidence and the law, do you believe that each element of his/her [claim/counterclaim] is more likely true than not?

Do you need evidence for a rebuttal?

It's important to have all relevant evidence ready when preparing your rebuttal letter. Remember to focus on evidence that directly supports your position and provides a factual response to the chargeback.