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VEDIC   05 October 2019

examination

How to conduct chief and cross examination, give details about its procedure in the court?


Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     06 October 2019

Please search in google and you can find expert guidance and research papers on skills and tacts to be used with authentic citations.

Mansi Aggarwal   26 February 2021

Hello, thank you for your query. 

Examination in chief is the first examination after the witness has been sworn or affirmed. It is a province of a party by whom the witness is called to examine him in chief for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the witness all the material facts within his knowledge which tend to prove the party's case.

A structure for examination in chief:

1. questions should be written in the lingo of the ear, not the eye.

2. to make your questions clear, add only one new fact to each question.

3. there needs to be a connection between the  witnesses 

4. use proper phrases to connect the matter in issue

5. repetition must be persuasive of things that are necessary

6. to dramatize a key point in examination in chief, learn how to stretch-out your questions.

CROSS-EXAMINATION- the examination of a witness by the adverse party shall be called his cross-examination.

Under Section 135 of the Indian Evidence Act, the power to the court to command or order in which the witness may be produced is explained.

Rules for cross-examination:

1. come to the point as soon as possible

2. do not argue with a witness

3. do not ask a question unless there is a good reason for it

4. except in cases where your position is so bad that nothing can injure it, and something may improve it, do not splash and do not ask a question without being fairly certain that the answer will be favorable to you"

5. "if a witness is lying, leave him entirely alone.

Hope this helps you.

 

 


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