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What kind of questions do you ask in a cross-examination?

What kind of questions do you ask in a cross-examination? Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is …

How do you’re examine a witness?

Section 138 of the Evidence Act, prescribed the request for examination of a witness in the court. The request for re-examination is additionally prescribed calling for such a witness so desired for such re-examination. Therefore, a reading of Section 311 Cr.

What are the 4 types of questions?

In English, there are four types of questions: general or yes/no questions, special questions using wh-words, choice questions, and disjunctive or tag/tail questions. Each of these different types of questions is used commonly in English, and to give the correct answer to each you’ll need to be able to be prepared.

What questions Cannot be asked in cross-examination?

Section 142 does not mention asking leading questions during cross-examination. But, Section 143 states that leading questions can be asked even in cross-examination. Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party.

How can I prepare for cross-examination?


Tips for a Successful Cross-Examination

  1. Listen carefully to the prosecutor’s question and let him ask his entire question before you answer.
  2. When you do answer, answer the question that is being asked, but nothing more. …
  3. Stay calm and don’t argue. …
  4. Tell the truth. …
  5. Think before you answer the question. …
  6. Don’t guess.

Can leading questions be asked in re-examination?

Leading questions can only be asked during cross-examination and not during examination-in-chief or re-examination unless and until the court allows.

When should a witness be examine?

You can use re-examination to highlight flaws and/or inconsistencies in the other side’s case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case.

Can a party cross examine his own witness?

Section 154 of the Evidence Act allows a party who calls a witness to ask any question to their own witness like they are cross-examining him. Sometimes a witness can turn hostile and it is necessary for the party that called a witness to cross-examine him if such a situation occurs.

What are the 7 types of questions?


Let’s start with everyday types of questions people ask, and the answers they’re likely to elicit.

  • Closed questions (aka the ‘Polar’ question) …
  • Open questions. …
  • Probing questions. …
  • Leading questions. …
  • Loaded questions. …
  • Funnel questions. …
  • Recall and process questions. …
  • Rhetorical questions.

What are the 2 types of questions?

These are two types of questions you can use that are very different in character and usage.




Open questions

  • They ask the respondent to think and reflect.
  • They will give you opinions and feelings.
  • They hand control of the conversation to the respondent.

What are examples of questions?


Examples of closed-ended questions are:

  • Are you feeling better today?
  • May I use the bathroom?
  • Is the prime rib a special tonight?
  • Should I date him?
  • Will you please do me a favor?
  • Have you already completed your homework?
  • Is that your final answer?
  • Were you planning on becoming a fireman?

Who can cross examine?

In civil and criminal cases, the judge has the power to summon witnesses as court witnesses and examine them. They can be cross-examined by both the parties as provided in Section 165, Evidence Act. Such cross-examination is not restricted to the points on which he has been examined by the court.

What are some examples of leading questions?

For example, if an examiner asks a witness whether he was home on the night of the murder, that’s a leading question. The phrasing assumes a murder indeed took place, and leads the witness to answer in a way that directly relates to his home.

What is a leading question in cross-examination?

Leading questions as per Sec 141 of Indian Evidence Act means: a question asked in a way that is intended to produce a desired answer. … Leading questions can only be asked during the cross-examination of the witness and only during examination-in-chief and re-examination after the court’s permission.

How do you start a direct examination?

Direct examination is your time to introduce your witnesses and have them tell the story through a series of questions and answers. On direct examination, counsel should ask open-ended questions. One way to insure that the questions are open-ended is to ask questions that begin with Who, Why, What, Where, and When.

Can accused be cross examined?

There is reason not to treat the statement under Section 313 of the Code of Criminal Procedure as evidence as the accused cannot be cross- examined with reference to those statements. However, when an accused appears as a witness in defence to disprove the charge, his version can be tested by his cross-examination.”

What is the difference between cross and direct examination?

How does it differ from cross-examination? Direct examination is a series of open-ended question by an attorney directed to a witness that the attorney has called for the purpose of testimony. … By contrast, cross-examination questions are very pointed, specific questions which suggest either a “yes” or “no” answer.

What is an example of a leading question?

For example, if an examiner asks a witness whether he was home on the night of the murder, that’s a leading question. The phrasing assumes a murder indeed took place, and leads the witness to answer in a way that directly relates to his home.

How do you start a cross-examination?

If the rules where you practice require you to examine from a seated position, start your cross with a document or exhibit that requires you to approach the witness so you have a reason to stand. After the obligatory smile, look the witness in the eyes, and make a positive statement, all the while smiling and nodding.

Can I ask leading questions on redirect?

Don’t lead on redirect.

Some leading is necessary and desirable, to direct the witness to particular issues raised on cross-examination. Otherwise, it is improper. Don’t do it.

Can the prosecution cross examine the defendant?

Cross-examination in a criminal matter is when the defendant or their lawyer challenges and attempts to undermine the prosecution case by exposing weaknesses in the evidence of prosecution witnesses. The prosecution can also challenge any oral evidence called by the defence by cross-examining defence witnesses.

Can accused be cross-examined?

There is reason not to treat the statement under Section 313 of the Code of Criminal Procedure as evidence as the accused cannot be cross- examined with reference to those statements. However, when an accused appears as a witness in defence to disprove the charge, his version can be tested by his cross-examination.”

Who can cross-examine a witness?

In civil and criminal cases, the judge has the power to summon witnesses as court witnesses and examine them. They can be cross-examined by both the parties as provided in Section 165, Evidence Act. Such cross-examination is not restricted to the points on which he has been examined by the court.

When leading questions Cannot be asked?

When leading Questions must not be asked? According to Section 142 of Indian Evidence Act, leading questions may not be asked in Examination-in-chief, or in a Re-examination, except with the permission of the Court.

References

 

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