Legal Definitions - cross-examination

Cross-examination is a legal term used in trials. It is the process of questioning a witness who has testified on behalf of the opposing party. In civil cases, it is the witness who testifies for the other party, and in criminal cases, it is the witness who testifies for the prosecution or other co-defendants.

During cross-examination, the lawyer attempts to get the witness to say something that will help their side or to cast doubt on the witness's testimony by eliciting something that reduces the witness's credibility. For example, if the witness's eyesight is poor, the lawyer may ask questions to show that the witness may not have seen an event clearly.

Here is an example of how cross-examination works:

During a criminal trial, the prosecution calls a witness who claims to have seen the defendant commit the crime. The defense lawyer then has the opportunity to cross-examine the witness. The defense lawyer may ask questions to show that the witness was not in a position to see the crime or that the witness has a motive to lie.

Another example is when a witness's direct testimony ends up being hostile to the party that called the witness. In this case, the party's lawyer is allowed to cross-examine their own witness to try to minimize the damage caused by the witness's testimony.

Cross-examination is an important part of the legal process because it allows both sides to test the credibility of the witnesses and the strength of the evidence presented.