What is a Crossover Rule?
Cross-examination is a cross-examination by a party or its lawyer in court of another witness. The Black Law Dictionary's interpretation of this concept is: "Interrogation of a witness at a trial or hearing by a party that is opposite to the party calling the witness to testify."
Cross-examination
Right!
- Chinese name
- Cross-examination
- Foreign name
- cross-examination
- Cross-examination is a cross-examination by a party or its lawyer in court of another witness. The Black Law Dictionary's interpretation of this concept is: "Interrogation of a witness at a trial or hearing by a party that is opposite to the party calling the witness to testify."
- Opposite to direct inquiry is cross-examination, which is the second stage of the trial hearing of witnesses, that is, after the witness providing party directly questions the witness, the inquiry by the counterparty or the lawyer, through the counterparty's inquiry, exposes Contradictions, errors, or untrue factors in the witness's testimony to deny or reduce the probative power of the witness's testimony. At the same time, cross-examination can also allow the other witnesses to acknowledge those facts that are beneficial to them. If a lawyer of one party can prove the opposite facts claimed by the other party in a cross-examination, that is, the other party's claim is not factual or untrue, it is equivalent to the other party's recognition of certain facts in favor of the party, and such view will be ruled For the final reply, the other party is not allowed to refute.
- The main purpose of cross-examination is to challenge the testimony provided by the opposite witness in order to reduce or even eliminate the credibility of the testimony in the eyes of the fact judge. In litigation practice, the basic way to achieve the purpose of cross-examination is to attack the weakness or defect of the other party's evidence. Professor Waltz, an American evidence jurist, summarized: "The challenge techniques used by litigation lawyers in cross-examination of witnesses who testified in court mainly involve the following six situations: (1) sensory defects; (2) witnesses' character; (3) ) The mental state of the witness; (4) the felony conviction of the witness; (5) the previous contradictory statement of the witness; (6) the interests or prejudices of the witness.
- Cross-examination, as the basic method of cross-examination, is conducive to mobilizing the subjective initiative of the parties in cross-examination, to achieve the purpose and function of the cross-examination, and to ensure the fairness of the trial investigation process. However, cross-examination is also prone to problems such as delays in litigation and violations of witness rights. Therefore, when conducting cross-examination under the auspices of the judge, the parties to the litigation should observe the following rules: (1) The question of the cross-examination should be related to the facts of the case or the appraisal matters stated by the witness or expert. Witnesses or appraisers may refuse to answer questions that do not have the above-mentioned relevance, except for questions concerning the qualifications of witnesses or appraisers. (2) When questioning the qualifications of a witness or expert, it may involve issues related to personal credibility or conduct, but it shall not damage the personal dignity of the witness or expert. (3) You can use inductive questions in cross-examination, but you must not use threats or inducements. (4) If one party considers that the method or content of the question in the cross-examination is inappropriate, it shall promptly raise an objection or objection in court, and the judge shall make a timely decision on the objection or objection. [1]