What happens during examination in chief?

What happens during examination in chief?

This is where you obtain evidence from your own witnesses. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the witness faces the Judge when answering questions and is not looking at you.

How do you answer a courtroom question?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What is the order of examination of witnesses?

The order of examination is laid down under section 138 which states that: Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, and finally (if the party calling him so desires) re-examined.

What is the order of cross examination?

Section 138 of the Indian Evidence Act, 1872 (hereinafter referred to as “Evidence Act”), deals with the Order of examinations, i.e. the witness shall be first examined-in-chief, then cross-examined and if required later to be re-examined by the party calling witness.

Are leading questions allowed in cross-examination?

Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.

Can a party cross examine his own witness?

Section 154 of the Evidence Act allows a party who calls a witness to ask any question to their own witness like they are cross-examining him. Sometimes a witness can turn hostile and it is necessary for the party that called a witness to cross-examine him if such a situation occurs.

Is cross examination mandatory?

According to Section 137 of the Indian Evidence Act, the examination of a witness by the adverse party shall be called his cross-examination. Thus the provisions imbibed in section 138 of Indian Evidence Act is not only a technical rule but it is a rule of essential justice.

What is the difference between examination and cross examination?

Through the course of a trial, attorneys have the opportunity to direct an examination of certain witnesses and cross-examine other witnesses. Conversely, cross-examination provides a difference type of opportunity for an attorney to examine a witness. Cross-examination occurs after the witness’s direct examination.

What is the difference between cross examination and examination in chief?

With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness.