Cross-Examination

Cross-Examination

Cross-Examination

Cross-examination tests the testimony of an adverse witness. Leading questions are permitted and expected, and the scope is generally confined to matters raised on direct examination and to credibility.

It is the principal mechanism for impeachment through prior inconsistent statements, bias, and contradiction.

Alternative Names:

Cross, Cross Exam

Why it Matters?

Effective cross is a series of short leading propositions the witness must accept, built from prior sworn testimony so any denial can be impeached with the transcript. The recurring failure is asking the witness to explain, which surrenders control and lets the witness repeat their direct testimony with emphasis. Depositions are where cross is actually built, months before trial.

Frequently asked questions

What is the scope of cross-examination?

What is the scope of cross-examination?

Generally the subject matter of direct examination and matters affecting credibility, though courts have discretion to permit broader questioning and some states allow wide-open cross.

Why use only leading questions?

Why use only leading questions?

To maintain control. Open questions invite the witness to explain, which lets them restate their direct testimony to the jury a second time.