Cross-Examination

Question 1

What is the general rule w/ regards to the right of cross examination?

Answer 1

Cross-examination of an adverse witness is a RIGHT in every trial w/ regards to a disputed issue.

HOWEVER –> SCOPE of cross-examination is within judge’s discretion

Question 2

What are the general restrictions on scope of cross-examination?

Answer 2

Cross-examination is generally limited to:

1. SCOPE OF DIRECT (incl all reasonable inferences that may be drawn from it); AND
2. testing the CREDIBILITY of the witness

Question 3

What is the general rule with regards to use of extrinsic evidence and cross-examination?

Answer 3

If matter is collateral –> examiner is usually bound by answer of witness, and CANNOT refute answer w extrinsic evidence

HOWEVER –> certain matters related to impeachment MAY be developed by extrinsic evidence, because they are sufficiently important
EXAMPLE –> bias, interest, conviction

NOTE –> judge has considerable discretion here