I asked you to post it on the forum because it is a very common problem and precisely the one faced by me and possibly by every litigant. It is the cat-and-mouse game... or so it appears. In reality, the true facts come out at the end. As mentioned, evidence is filed with an affidavit based upon which the cross-examination takes place. The other party, lets say you here, offers some counter-evidence to blunt the allegations and evidence in the affidavit. Two things can happen at this point. Your wife can produce MORE evidence to counter your evidence or can wait to present it to you during your cross-examination. Let us examine both situations. If she produces more evidence during her cross- itself, then you can question her on that MORE evidence and can present still more evidence... The process can go on.
Fast forward... Your cross starts. Your wife can now cross you on all the evidence presented by you during her cross as well as the evidence presented by you during your cross and with your affidavit. What if she springs more evidence during your cross that was not presented by her during her cross? Well... this is where you can file an application to recall her as the witness to cross her on the new evidence presented by her during your cross. Get it? The idea is that every person presenting an evidence must make himself/herself available for a cross-examination on that evidence to give it evidentiary force. If you do not recall her and cross her on the new evidence, it will be accepted as presented by her with her accompanying testimony.
Does all this sound confusing? Let me simplify it: Any litigant or witness presenting any evidence can be called to the stand subsequent to the presentation of the evidence, but without any delay, to be examined on that evidence. However, if the evidence was presented and the cross is over, it is difficult to recall the witness simply because you forgot to cross him/her on the evidence already presented by him/her.
Conclusion: The goal of this otherwise complex-looking procedure is simple: To arrive at the truth by giving all parties an opportunity to present evidence and be questioned on any evidence presented by them. If you understand this, you will promptly file your application to recall if a party whose cross is over presents new evidence later.
So what is the answer to all your questions: Let them present any counter-evidence. If it is false or weak, call or recall them, as the case may be, to the witness box and blunt their evidence. This procedure will go on until all evidence is exhausted. Remember that they can recall you too the moment you file new evidence....
If you feel stupid that you did not know all this, let me assure you that I was myself in the dark about it during my own litigation and learned it the hard way. That is the reason that I asked that the PM be posted here so others can benefit. Also, if I am wrong, I REQUEST ADVOCATES TO CORRECT ME BECAUSE IT IS SUCH AN IMPORTANT STAGE IN ANY LITIGATION.
WHEN YOU CONDUCT A CROSS-EXAMINATION, REMEMBER THAT YOU WANT ANSWERS THAT YOU CAN QUOTE IN YOUR ARGUMENTS. GOOD ADVOCATES WRITE GREAT ARGUMENTS. GREAT ADVOCATES WRITE GOOD ARGUMENTS BEFORE ANY CROSS IS CONDUCTED SO THEY KNOW PRECISELY WHAT ANSWERS WILL HELP THEM....