Oral Evidence: A simple definition of Examination-in-Chief, Cross-Examination & Re-Examination.

Examination-in-chief

When a witness is called to give evidence, s/he will be questioned first by the advocate representing the party calling them. This is the 'examination-in-chief', the object of which is to elicit from the witness all the facts supporting that party's case that are within the personal knowledge of that witness.

When giving evidence, witnesses may refresh their memory from documents provided certain conditions are met.

'Leading questions' (i.e. questions which invite a witness to give a particular response) should generally not be asked in examination-in-chief. There are a limited number of exceptions to this rule, such as questions on introductory matters or facts that are not in dispute and the court may allow leading questions where it considers it in the interests of justice to do so.

All the evidence on which the prosecution wishes to rely must be called before the close of the prosecution case, as it will only be in exceptional circumstances that the prosecution may be allowed subsequently to call evidence. This should be borne in mind when you attend the trial: if you consider that there may have been an oversight, and that evidence intended to go before the court has not been introduced, you must inform the prosecuting advocate before, and not after, the close of the prosecution case.

Cross-examination

After a witness has given evidence-in-chief, s/he may be cross-examined on behalf of the other parties, including any co-accused. If a witness has not said anything which damages the prosecution case, or with which your witnesses disagree, there may be no need to cross-examine the witness at all.

If there are no questions in cross-examination, the witness’s account is generally taken as unchallenged, and accepted.

Re-examination

After cross-examination, the party that called the witness may re-examine him/her, but must limit questions to clarify matters covered during cross-examination. Leading questions may not be asked. Re-examination will often be tactically disadvantageous and is not conducted routinely.

The court may recall a witness for further examination or cross-examination. In such circumstances, the parties have a right to cross-examine or re-examine.

Exceptionally, a party may be allowed to call evidence after it has closed its case to rebut evidence that was unforeseen.