Cross examination - request for expert's clarifications


I prefer myself to my advocate to cross examine my wife and I am closely working with my advocate in preparing the questionnaire. He is suggesting all plane questions, like mentioning their allegation in the Evidence-in-Chief, and asking her wether it is true or not. I really wonder, she always gives answer to her favor and won't accept the truth, right?!!! We already finished one session wherein i shot few questions out of the box and succeeded in getting couple of answers (that confirms truth) from her. This made her lawyer restless and started obstructing my questions with subtle derogatory remarks or he was trying to distort what my wife admitted and tried to influence the judge with vociferous clarifications and objections and subtle derogatory remarks on me. At one stage when i was explaining judge that the witness " is also my wife", her advocate immediately retorted with loud voice ... "Not any more" even though the divorce case is just in examination stage and judgment of dissolution of marriage is still far away. Can I do something with this kind of attitude of my wife's advocate? My advocate was not supportive to me as i chose cross examination myself. I want to restrain my wife's advocate from obstructing my cross without a valid reason. Please clarify me on below and help me out successfuly cross examining:

1) How to handle my wife's advocate with such an attitude. Judge appears to be more lineant to her advocate.

2) How would it be construed if I don't ask any question on those few allegations mentioned in evidence chieft doc, as i know that she would blindly confirm those allegations.

3) Should I touch each and every allegation levelled against me in main O.P and in Evidence doc? I am not at all happy with my advocate and hence relying on inputs from the kind experts.

4) Also please give me additional tips as you may feel better for newbee like me.

Thank you

 
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Senior Partner

1. If a party is represented by an Advocate then advocate is required to cross examine other party not the party him/herself nor even an proxy advocate can be allowed to do so by concerned Court.
2. Wife's advocate agitation is natural when you advocate on record is very much present in Court.
3. Chunk out your current advocate if you are confident to handle PIP cross examination and other matters on next cross examination date and fire the missiles as you deem fit will bring best out in the case in your favor as litigant know about their case better. For this you shall take leave of the Court to do PIP cross examination of wife citing lawyer resigned from your case due to “personal / xyz reasons” and you don’t want to elasticize court dates for cross examination and it will take lot of time and effort to hire fresh advocate and anyhow this suit matter is pending in this court from last xyz years which shows justice delayed is justice denied… etc.” .
4. On later date of hearing same or any other advocate can re-join by submitting vakalatnama / by stating medical or other reasons for leave from cross examination on previous dates if questioned on stand !
5. For your cross examination question paras 2 till 4 only generic tip that I can give is “donot polish a diamond on the stand”.


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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

 You cannot personally cross examine your wife unless you relieve your current lawyer.

No advice on cross-examination can be given unless the examination-in-chief is seen.


  Also please give me additional tips as you may feel better for newbee like me.

A newbee like you should never fight without a lawyer.

 
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service

Hi Prithvi, when you have the confidence to do Cross- Examination go ahead, after all the next step is arguments so you can do it your self, before that you ask your advocate to retire from this case i.e., No Objection to Engage Any Counsel [Vakalath]. Then file the same vakalath to court.  I will give one very good example of a teen girl of her 20's she engaged an counsel to represent on behalf her, later on she came to know that her advocate is not fit to her case and immediately she starts leading her Criminal Case.  [ Non-Bailable offence]  at last she win the case.  When the judgement was pronounced at court all advocates who gather there appreciated her heartfully.  it's my own experience.  So go ahead  

 
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ADVOCATE

relieve your advocate on the next date of hearing of cross examination and take on teh battle yourself with the permission of the court stating medical reasons.

 
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Thanks all for the inputs. I got my lawyer relieved and took the leave of the court. She filed her Chief and i am crossing now. Once this is done, then it would be my turn. Hence i have not yet submitted the proofs/evidence i have and get them marked. Plz let me know which one of the below is suggested?

1) Pulling out the proof during cross and once she admits the same, get it marked in R group? (I tried this in my last session. She was shocked and instantly admitted the proof. But her advocate pitched in and clued her. With that she retracted her admission and told the judge that she was not able to recollect about the proof doc with this judge was reluctant to mark it despite my repeated request. Thus the proof appears to be getting diluted).

2) Hide the evidence I have and let her deny the truth with my leading question and get the same recorded, and then submit the evidence along with my Chief doc and give my version in the Chief and during the their crossing me... and then present the truth in during the argument by collating her recorded admissions, my recorded admission and the proofs that I submit with my Chief.

Please suggest me the better way so that my missiles would fire the way i want them would.

 
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propra

Its not a child's play... frankly.

 

Engage a good lawyer if you were not satisfied with previous lawyer.

 

 

Its the lawyers who decide which questions to be asked (they take out the essence from all your aversions and pick up only the relevant portions from all extra and unnecessary material!!! .... ) and they do know which questions they are NOT supposed to ask!!!

 

 

 

Sorry to say ... But from the very above comments of yours ................I can tell you that .. you are inviting trouble by NOT engaging a good lawyer ......................... and trying to do on your own ... This is just a foolish thing and nothing else and you would repent afterwards 

 

 

 

You taking cross without knowledge of law and expertise in it will only damage your case!!! I guarantee you on this!!!


 
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@Tajobsindia - It is really smart advice you gave  “donot polish a diamond on the stand”. Anyway i have a stone on the stand and now i understand that i should not over polish to make others feel that it could be  a diamond :) But my understanding is incomplete without clarification on ---  I will select topics from her allegations selectively. But, how would it be construed by the court if I don't ask any question on those few allegations mentioned by my wife in evidence chief doc

Plz clarify me on this.

 
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I mean, does the court construe her allegations on which I won't ask any question during cross-exam, as admission by me?!!!

 
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LEGAL CONSULTANT

Dear Prithvi,

It is not just asking questions and getting answers,every question of your's should bear evidential clarity and should be a valid one.

 
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