How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Loren Your Own Question

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 20531
Experience:  30 years experience representing clients.
17897874
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

Civil action: cross examination of witness - can you ask a

Customer Question

Civil action: cross examination of witness - can you ask a witness questions beyond the scope of direct examination?
Submitted: 11 months ago.
Category: Legal
Expert:  Loren replied 11 months ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

No, as a general rule, cross examination is limited to information raised on direct examination. The other side must "open the door" on direct for you to raise it again on cross.

I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.

Thank you.

JudgeLaw
Customer: replied 11 months ago.

Even questions related to witness credibility?


 

Expert:  Loren replied 11 months ago.
Credibility still has to be impeached using subject matter raised on direct. However, the court has discretion to allow some leeway to see where a particular line of cross is heading. You may be able to go outside the scope of direct a little bit with that discretional leeway.
Loren, Attorney
Category: Legal
Satisfied Customers: 20531
Experience: 30 years experience representing clients.
Loren and 2 other Legal Specialists are ready to help you
Expert:  Loren replied 11 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
          

Best wishes and good luck to you.

If it is not too much trouble, Rick, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Customer: replied 11 months ago.

I'm confused now. I asked a question specific to impeaching a witness and another expert aswered it. He said that I can ask any question I want on cross as long as it's related to the case; anything Plaintiff brought up in motions, pleading, discovery, affidavitts, etc is fair game even if it was not part of the direct.


 


So, there must be some distinction I'm not comprehending. Can you clarify?

Expert:  Loren replied 11 months ago.
I reviewed what Dimitry said and I am in complete agreement.

Credibility is always a valid issue and is can be brought up on cross. A judge will give broad leeway on a line of questioning regarding credibility. If I gave the impression that it would not be allowed, I apologize for the misunderstanding.

It still has to be related to the subject of the direct examination-but not specifically, otherwise, it is irrelevant.

Thanks.

JudgeLaw
Customer: replied 11 months ago.

let's say the quesation is relavent to the my defense, it has nothing to do with credibility of the witness herself, but the witness has information. Can I pursue it on cross if plaintiff mentioned it in the pleadings, motions, discovery, affidavitts, etc?

Expert:  Loren replied 11 months ago.
Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.

So, as a general rule, no, if not raised on direct and not related to witness credibility, it should not be allowed on cross. However, you may be able to call the witness yourself for direct examination and raise whatever testimony you deem relevant.

I hope this is helpful.

JudgeLaw
Customer: replied 11 months ago.

How about the plaintiff? Am I restricted to cross, or can I call him when presenting the defense case?

Expert:  Loren replied 11 months ago.
You can call the plaintiff, or any other person with relevant information.

However, you may want to make use of discovery tools, such as requests for admission and depositions before trial.
Customer: replied 11 months ago.

I sent 24 interrogatories and 24 admissions...he answered 25% of them as priv against self incrimination.


 


Do I have to put plaintiff on my witness list, or can I just call him at trial?

Expert:  Loren replied 11 months ago.
You need to put him on the witness list. You can also file a motion to compel to get answers to the rest of your discovery.
Customer: replied 11 months ago.

So, I can refute objections in a motion to compel?

Expert:  Loren replied 11 months ago.
Correct.
Customer: replied 11 months ago.

I posted a question ferom your profile page and ended up with another expert, jd 1992. You might want to contact the admin and find out if hour wires are crossed with this other guy.


 


It worked ou, the guyh gave me good advice, but the entire time, I thought I was talking with you.

Expert:  Loren replied 11 months ago.
Thank you for following up. JD 1992 is an excellent Professional and I am sure you were well served.

I do not know how the site functions from the profile pages, but I will mention it tomthe moderator.

Thanks again.

JudgeLaw
Customer: replied 10 months ago.

If during cross, the witness says something that is hearsay or otherwise objectionable, do I object while questioning? what's the proper action?

Expert:  Loren replied 10 months ago.
Format error.
Expert:  Loren replied 10 months ago.
Yes, you must object at the time the improper testimony is given. You just state "objection" and wait for the court to acknowledge your objection. The judge may simply sustain your objection or ask you to elaborate on the reason and them rule.

The judge can also delay ruling to see if the questioning is leading to something admissible.

Thank you.

Loren
Customer: replied 10 months ago.

Sorry, I didn't word that well. If I am the one questioning the witness on cross, do I object to the witness's statement?

Expert:  Loren replied 10 months ago.
Yes, either attorney may object.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.