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Cross-Examination and Leading Questions in Civil Proceedings!
In a civil trial, there are two kinds of witnesses:
a) Plaintiff’s witnesses and
b) Defendant’s witnesses.
What do you mean when we stay that a witness is “Plaintiff’s” or “Defendant’s” ? Do we have
to figure out which party the witness is rooting for to win the case ?
No, witnesses “belong” to the party who calls them. If plaintiff calls a witness during
plaintiff’s part of the trial, that person is plaintiff’s witness.
What difference does it make?
In general, a party may not cross-examine his own witness. An exception is made only if the
witness’s own answers demonstrate hostility—then the judge may allow the witness to be
treated as if belonging to the opposing party. An, of course, if plaintiff calls the defendant as
a witness, plaintiff can treat her as adverse, and vice versa.
Cross-Examination is different from direction examination. In direct examination, leading
questions are forbidden. A leading question is a question that tells the witness what answer
the attorney wants to hear. “ Didn’t you spend last Saturday night at home watching
television with your wife? Is a leading question. The same question, rephrased so as not be
leading, would be “what did you do last Saturday night? “ in the leading version, it is really
the attorney who is telling the story, not to witness.
CIVIL PROCEDURE CODE , 1908, LL.B. PART III
TOPIC: An Introduction to CPC, 26th of Sep,2016
Presented by: SM Zarkoon, Lecturer,
B.Sc. LL.B. LL.M. {Criminology & Law of Evidence}
University Law College Khojjak Road Quetta.
Email: lawyer.21st@yahoo.com Ph.# 081-2843053
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In cross-examination, leading questions are not only allowed, they are often essential. The
purpose of direction examination is for the witness to tell his story in his own words. The
purpose of Cross-Examination is to test the witness’s credibility and truthfulness—in other
words, to poke as many holes in his testimony as possible. This is not done by giving the
witness another opportunity to repeat his story; it is best done by asking questions that must
be answered with a “yes” or a “no” and making sure that if the witness picks the wrong
answer, you have plenty of ammunition to discredit him.
A final word about cross-examination: Skillful, well-planned cross-examination can be
spectacular and fun to watch, but the thing that wins cases is skillful, well-planned direct
examination. Usually, you must win your case on the strength of your own story, not the
weaknesses in your opponent’s story. This is almost always true if you represent the plaintiff,
and true more often than not if you represent the defendant.
