Legal Definitions - XQ

XQ stands for cross-question. In a legal context, a cross-question refers to a question asked by a lawyer to a witness who was initially called to testify by the opposing party. This questioning occurs during a phase known as cross-examination, which follows the direct examination (when the witness is questioned by the lawyer who called them).

The primary purposes of a cross-question are often to:

• Challenge the witness's credibility or reliability.
• Clarify or expand upon previous testimony.
• Elicit information that supports the cross-examining party's case.
• Highlight inconsistencies in the witness's statements.

Here are some examples illustrating the application of a cross-question:

• Example 1: Personal Injury Lawsuit

  In a lawsuit concerning a car accident, the plaintiff's attorney calls an eyewitness to the stand. After the plaintiff's attorney finishes their direct examination, the defense attorney begins their turn to question the witness. The defense attorney asks, "Isn't it true that you were looking at your phone just moments before the collision occurred?" This is a cross-question because it is posed by the opposing counsel (the defense attorney) to a witness called by the plaintiff, aiming to challenge the witness's attentiveness and potentially their credibility regarding the accident details.

• Example 2: Criminal Trial

  During a criminal trial for theft, the defense attorney calls a character witness who testifies that the defendant is an honest and trustworthy person. Once the defense attorney concludes their questioning, the prosecutor steps up. The prosecutor asks the character witness, "Are you aware that the defendant was previously disciplined by their employer for falsifying expense reports?" This constitutes a cross-question. The prosecutor, representing the opposing side, is attempting to undermine the character witness's testimony by introducing information that contradicts the portrayal of the defendant as honest.

• Example 3: Deposition in a Business Dispute

  In a deposition for a contract dispute between two companies, a key executive from Company A is being questioned under oath. After Company A's lawyer completes their initial set of questions, the lawyer for Company B takes over. Company B's lawyer asks the executive, "You stated earlier that the delivery was delayed due to unforeseen circumstances. Can you confirm that your company's internal logs show the product was ready for shipment three days before the agreed-upon date?" This is a cross-question. The lawyer for Company B is challenging the executive's earlier statement and seeking to establish facts that support their client's claim regarding a breach of contract.