BASIC PROBLEMS IN EXAMINATION AND CROSS-EXAMINATION

Abstract

Divided into two parts, this article discusses the judicial expansion of rules involving the examination of one’s own witness and the cross-examination of an opponent’s witness. Regarding the examination in chief, it discusses 1) general restrictions placed on opinion evidence and leading questions, 2) refreshing memory using notes, 3) evidence of previous consistent statements and 4) adverse witnesses. Regarding cross-examination, it considers 1) the scope of cross-examination generally and the scope of judicial restriction, 2) collateral issues, 3) bias, 4) previous convictions and 5) previous inconsistent statements. The author attempts to expose the practical problems related to each category that judges and counsel deal with on a daily basis.