Legal Definitions - pass the witness

The phrase pass the witness is used in a courtroom to indicate that an attorney has finished their questioning of a particular witness and is now yielding that witness to the opposing attorney for their turn to ask questions. It signifies a formal transition in the examination process, ensuring an orderly presentation of testimony.

Here are some examples illustrating how this term applies:

• Example 1: Criminal Trial - Prosecutor to Defense

  In a felony trial, the prosecutor calls an expert witness to testify about forensic evidence. After asking all their questions to establish the expert's findings and opinions, the prosecutor turns to the judge and states, "Your Honor, I have no further questions for this witness. I pass the witness."

  This action signals that the prosecutor has concluded their direct examination of the expert. The judge will then typically invite the defense attorney to begin their cross-examination of the same expert witness.

• Example 2: Civil Case - Defendant to Plaintiff

  During a civil lawsuit concerning a breach of contract, the defendant's attorney has called a company executive to the stand. After completing their direct examination, where they sought to explain the company's actions, the defendant's attorney says, "Your Honor, we are finished with our direct examination. We pass the witness."

  By "passing the witness," the defendant's attorney indicates they are done presenting their side of the testimony from this witness. The plaintiff's attorney then has the opportunity to cross-examine the executive to challenge their statements or elicit information favorable to the plaintiff's case.

• Example 3: Re-direct Examination Setup

  A defense attorney has just completed a lengthy cross-examination of a key witness for the prosecution, attempting to highlight inconsistencies in their story. After concluding their line of questioning, the defense attorney states, "Your Honor, I have no further questions on cross-examination. I pass the witness."

  In this scenario, "passing the witness" means the defense attorney has finished their cross-examination. The prosecutor then has the option to conduct a "re-direct examination" to clarify any points raised during cross-examination or to rehabilitate the witness's credibility after the defense's challenge.