Can you present evidence during cross-examination?
Can you present evidence during cross-examination?
Generally speaking, yes. You can introduce documentary evidence during cross-examination for rebuttal or impeachment, but the same rules of evidence apply for admissibility (relevance, proper foundation, not hearsay)…
Can a judge cross-examine a witness?
A judge can even call witnesses on their own in some circumstances. California Evidence Code section 775 provides: Such witnesses may be cross-examined by all parties to the action in such order as the court directs.”
What makes a good cross-examination?
A tenet of cross-examination is that you should only ask questions you know the answers to. When you do, you can control a witness and force them to testify to facts beneficial to your client’s case. But how you ask your questions is the key to getting the answers you are looking for.
How do you disqualify an expert witness?
A party may seek to disqualify an expert using either a federal common-law doctrine based on an adverse expert’s prior relationship with that party, or by invoking the opposing party’s failures to comply with discovery rules, in particular Rule 26 and Rule 35 of the Federal Rules of Civil Procedure.
What is the difference between Frye and Daubert?
Generally, the difference between the Daubert and Frye standards is the broadened approach of the latter. While Frye essentially focuses on one question – whether the expert’s opinion is generally accepted by the relevant scientific community – Daubert offers a list of factors to consider.
Why is Frye v United States important?
The ruling set a standard for the acceptance of expert testimony in court that, by the early 1970s, was adopted by almost all state and federal courts. The sole basis of Frye’s appeal was the failure of the trial court to admit the deception test. …
What is Frye vs US?
This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted.
What FRE 702?
Rule 702. Testimony by Expert Witnesses. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help.
