Cross-Examination
Questioning a witness who was called to testify by the opposing side.
Cross-examination is the opportunity to question a witness after the other side has finished their direct examination of that witness. The purpose is to test the witness’s credibility, highlight weaknesses in their testimony, or bring out facts favorable to your side.
During cross-examination, the questioning attorney is generally limited to asking leading questions – questions that suggest the answer, such as “You didn’t actually see the accident, did you?” This is different from direct examination, where open-ended questions are the norm.
Why it matters: Cross-examination is one of the most important tools for testing whether testimony is accurate and truthful. It gives each side the chance to challenge the other’s evidence. The right to cross-examine witnesses is a fundamental part of a fair trial.
Example: The plaintiff’s witness testifies that they saw the defendant run a red light. On cross-examination, the defendant’s attorney asks questions showing that the witness was looking at their phone at the time and could not have clearly seen the traffic light.
Trials and evidentiary hearings in both civil and criminal cases