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The Art of Cross-Examination is a classic text for trial attorneys and law students on how to cross-examine witnesses.Written by American attorney Francis L. Wellman, the book was first published in 1903 by The Macmillan Company, and was still in print more than 100 years later.
Usually, the cross-examination is conducted by the opponent who will not speak next of the speaker who just spoke, but some cross-examinations are open, that is: either partner may ask or answer questions. However, it is often frowned upon when a partner who is not the previous speaker answers cross-examination questions.
An examiner may generally ask leading questions of a hostile witness or on cross-examination ("Will help to elicit the testimony of a witness who, due to age, incapacity, or limited intelligence, is having difficulty communicating their evidence" [3]), but not on direct examination (to "coach" the witness to provide a particular answer).
It is also referred to as cross-examination debate (sometimes shortened to Cross-X or CX) because of the 3-minute questioning period following each constructive speech. Evidence presentation is a crucial part of policy debate. The main argument being debated during a round is to change or not change the status quo.
Holmes’ cross examination resumes next week. The 37-year-old's testimony is expected to weigh heavily on jurors' minds as they decide whether to convict her on 11 counts of criminal fraud, each ...
Cross-examination is a key component of a trial and the topic is given substantial attention during courses on trial advocacy. [2] The opinions of a jury or judge are often changed if cross-examination casts doubt on the witness. On the other hand, a credible witness may reinforce the substance of their original statements and enhance the judge ...
I cannot help saying that it seems to me to be absolutely essential to the proper conduct of a cause, where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact by some questions put in cross-examination showing that that imputation is intended to be made, and not to take ...
Beyond the scope: a question asked during cross-examination must be within the scope of direct, and so on. Calls for a conclusion: the question asks for an opinion rather than facts. Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts. Compound question: multiple questions asked together.