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In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan) and may be followed by a redirect (known as re-examination in the aforementioned countries).
the witness is subject to cross-examination about the prior statement. (801(d)(1), 2014, Federal Rules of Evidence by Muller and Kirkpatrick) A prior inconsistent statement offered solely for impeachment purposes is admissible regardless of whether it satisfies those requirements.
the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
For these circumstances to apply, a witness (the "declarant") must be presently testifying in the proceeding and available for cross-examination. If the prior statement is inconsistent with the current statement, the prior statement may be used both for impeachment (to prove the witness is lying) and substantively (for the truth of what the ...
These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate; all senators would then have the opportunity to review the evidence before the chamber voted to ...
[118] [k] Despite White House resistance to witness testimony during the impeachment inquiry and trial, deputy White House counsel Patrick Philbin said, "cross-examination in our legal system is regarded as the greatest legal engine ever invented for the discovery of truth." [121]
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).
[4] [5] [6] That is, impeachment of a witness as to a collateral fact can only be accomplished by intrinsic methods such as questioning. [ 7 ] Although this test is not found in the Federal Rules of Evidence explicitly it has been imported from the common law under rules 403 and 611 .