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Cross-examine


In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan).

In the United States federal Courts, a cross-examining attorney is typically not permitted to ask questions that do not pertain to the testimony offered during direct examination, but most state courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination. Similarly, courts in England, South Africa, Australia, and Canada allow a cross-examiner to exceed the scope of direct examination.

Since a witness called by the opposing party is presumed to be hostile, cross-examination does permit leading questions. A witness called by the direct examiner, on the other hand, may only be treated as hostile by that examiner after being permitted to do so by the judge, at the request of that examiner and as a result of the witness being openly antagonistic and/or prejudiced against the opposing party.


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