Show that they may be biased or that they are inconsistent with their story. You can do this by bringing into question their memory or their truthfulness. This approach is used so the judge will minimize or disregard evidence or comments that do not support your case. You’ll want to get the witness to agree to facts you present. To get evidence that supports your case.There are 2 reasons to cross –examine a witness:
You are allowed to ask leading questions. Asking questions of the other parties witness is called cross-examination. The other party will also be calling witnesses, once they have questioned them it is your turn. Once you’ve finished examining your witness the other party will be allowed to cross examine them. Asking them to give their opinions – unless they are an expert witness.Being too broad – Don’t ask something like “what has happened in your relationship with your former spouse”.Asking 2 questions are the same time (it will be unclear which one the witness is answering).Asking leading questions: Questions with answers in them.questions about debts then questions about child care…etc.) Organize your questions according to chronology or issue (e.g.
Let the witness finish answering before you ask the next question (don’t interrupt).Start by asking background questions (What is your name? How do you know the parties? etc.).Leading Question: You were an hour and a half late dropping Nancy off February 12 th 2015 weren’t you? Open Question: What happened Sunday February the 12 th last year during Nancy’s drop off? Leading Question – Nancy lives with you Monday to Friday correct? Open Question: - Describe the current parenting arrangements? Here are some examples to show you the difference: This is why you are not allowed to ask your own witnesses leading questions. Leading questions allow you to control what the witness talks about and often helps you get the witness to give a specific answer. They are usually answered with a yes or no. Leading questions as the name indicates leads the answerer to a particular answer. The opposite of an open question is a leading question. For a direct examination you will need to ask open questions (questions that allow for explanations.) Open questions usually begin with words like who, what, why, where, how, tell me about, or describe. This type of questioning is called direct examination. You will need to question the witnesses you call.
LEADING THE WITNESS TRIAL
Before your trial you will want to think about questions to ask the witnesses.
You will need to question your witnesses and will be given the opportunity to question the other party’s witnesses. The other side will also be calling witnesses. To get an idea of question to ask in direct examination take a look at Sample Questions on the Family Law in BCĪfter you have presented your opening statement you will be asked to call your witnesses.
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