Legal Definitions - cross-examination

Cross-examination is a critical phase in a trial or legal hearing where a lawyer questions a witness who was initially called to testify by the opposing side. This questioning typically occurs immediately after the witness has completed their initial testimony, known as direct examination.

The primary goals of cross-examination are twofold:

• To challenge the witness's credibility, accuracy, or memory, thereby casting doubt on their testimony.
• To elicit information that supports the cross-examining party's own case or contradicts the opposing party's claims.

Here are some examples illustrating cross-examination:

• Criminal Trial – Challenging Credibility: Imagine a criminal trial for theft where the prosecution calls a witness who claims to have seen the defendant running from the scene. During cross-examination, the defense attorney might ask the witness if they were wearing their prescription glasses at the time, if they had consumed alcohol that evening, or if they have a history of disputes with the defendant. The aim here is to suggest that the witness's perception might have been impaired or that they have a motive to provide biased testimony, thereby undermining their credibility in the eyes of the jury.

• Civil Lawsuit – Eliciting Favorable Information: In a personal injury lawsuit stemming from a car accident, the plaintiff's attorney calls a witness who testifies about the severe damage to the plaintiff's vehicle. During cross-examination, the defendant's attorney might ask the same witness specific questions about the weather conditions at the time of the accident, the plaintiff's speed just before the collision, or whether the plaintiff was distracted by a cell phone. Even though the witness was called by the plaintiff, the defendant's attorney is attempting to extract details that could suggest the plaintiff was also at fault, thereby supporting the defense's argument.

• Expert Witness – Questioning Methodology: Consider a product liability case where the plaintiff's legal team presents an expert witness, a materials scientist, who testifies that a manufacturing defect caused a product to fail. During cross-examination, the defendant's attorney might rigorously question the expert about the specific tests they conducted, the scientific methodology used, the sample size of the products tested, or whether alternative explanations for the failure were considered. This line of questioning aims to expose any weaknesses in the expert's research or conclusions, thereby reducing the weight of their testimony.