what is it called when the opposing lawyer is questioning a witness

The questioning of a witness by a lawyer at a trial or deposition. When the lawyer who called the witness to the stand questions the witness, the examination is called a "direct examination." When the opposing lawyer questions the same witness, it is called "cross-examination"

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Which attorney does the initial questioning of the witness?

Dec 02, 2015 · Direct examination is when the witness is FIRST questioned in court by an attorney (usually their own lawyer), when he is questioned by the …

What happens after the opposing attorney calls the witnesses?

Oct 06, 2017 · The opposing attorney asked me via email for contact information of witnesses who will testify on behalf at a plenary hearing. In the past, she called one of my witnesses and asked her a series of questions via phone call. I did not know she was going to call, and I found out that the witness was contacted after the call. Is this permissible by ...

Can a lawyer be called as a witness in a case?

Jun 04, 2012 · Direct examination is an attorney questioning his or her own witness on the stand. Cross examination is when the opposing attorney questions the same witness.

What happens if a witness refuses to answer a question?

The presentation of evidence begins with the calling of witnesses by the attorney. The attorney does the initial questioning of the witness and this is commonly called the direct examination. A successful direct examination can be accomplished by controlling the witness without hampering his/her ability to testify freely, truthfully, and honestly. This balance can only be reached by …

What is it called when a lawyer questions a witness from the other side?

Cross Examination: The questions which a lawyer puts to the party or a witness on the opposing side.

What is it called when a lawyer questions a witness?

Search Legal Terms and Definitions short for "leading the witness," in which the attorney during a trial or deposition asks questions in a form in which he/she puts words in the mouth of the witness or suggests the answer.

What is the process of a witness being questioned by the opposing party?

When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case.Apr 22, 2015

What term refers to the questioning of an opposing witness during trial?

cross-examination. the questioning of an opposing witness during trial. direct evidence.

What is it called when lawyers ask questions?

When a lawyer calls an adverse or hostile witness (a witness whose relationship to the lawyer's client is such that his testimony is likely to be prejudicial) on direct examination, the lawyer can ask leading questions as on cross-examination.Sep 9, 2019

What is it called when a witness is being questioned?

examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

What does the term cross-examination mean?

Definition of cross-examination : the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility — compare direct examination.

What does supplemental discovery mean?

Supplemental discovery is a later set of questions or requests for information from the opposing party in a lawsuit, such as in the form of interrogatories or requests for production.

What is direct and cross-examination?

When an attorney calls a witness to the stand and asks them questions, this is called “direct examination.” After direct examination, the opposing party gets to question the witness, which is called “cross-examination.” Although both direct and cross-examination involve asking a witness questions, each type of ...Jan 4, 2018

What is it called when an attorney argues?

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.

What does argumentative mean in law terms?

argumentative. adj. the characterization of a question asked by the opposing attorney which does not really seek information but challenges the truthfulness or credibility of the witness.

Why do judges say sustained?

When an objection is overruled it means that the evidence is properly admitted to the court, and the trial can proceed. When an objection is sustained, the lawyer must rephrase the question or otherwise address the issue with the evidence to ensure that the jury only hears properly admitted evidence.

What does the judge do in a trial?

The judge has control over an attorney’s examination of a witness and dictates the form of questions presented to the witness. The judge has wide latitude to impose reasonable limits on questioning at trial based on concerns regarding harassment, prejudice, confusion of issues, a witness’s safety, and conservation of the court’s time.

What are leading questions?

A leading question is a question that suggests the answer or contains information which the examiner is looking for. Although leading questions are generally not permitted on direct examination, there are certain exceptions to this rule. Depending on the circumstances, leading questions shall be objectionable or proper. Leading questions may be used during a direct examination in the following situations: 1 Preliminary matters such as a person’s name, address, and background; 2 Undisputed facts, for example: “I would like to direct your attention to October 13, 2005, on that day you were in Paris, were you not?”; 3 An adverse or hostile witness; 4 When a witness has difficulty in speaking; 5 When necessary to refresh a witness’s recollection; and 6 When encountering an unwilling, reluctant, or recalcitrant witness.

Can a witness refresh his memory?

A written memorandum can be used to refresh a witness’s memory and the witness may be required to use the same.

How to impeach a witness?

Impeaching a Witness Through Prior Inconsistent Statements. Confronting a witness with that person’s own statements that are at odds with the person’s testimony is a very common way to impeach the witness. But the opposition can’t just introduce the statement without giving the witness a chance to explain. The court may require that the lawyer ...

Can you believe me if you are an adulterer?

In other words, a person may be an adulterer, but he may not be impeached on this fact alone. If he’s a lying adulterer, however, his reputation for lying could come into evidence.

Can a witness be impeached?

Impeaching a Witness. Litigants can challenge the credibility of opposing witnesses—even their own witnesses—in a number of ways, including by showing the judge or jury that the witness made inconsistent statements in the past. When someone testifies under oath in a hearing, trial, or deposition, the other side will typically challenge ...

Michael G. Watters

The answer to this question is controlled by California case law which generally limits the right to depose and/or call opposing counsel as a witness. See Carehouse Convalescent Hospital v. Superior Court (2006) 143 Cal.App. 4th 1558.

Fred T Isquith

If the other side's lawyer has personal knowledge of the facts of a case the lawyer can be called as a witness; you then need to decide if you also want the lawyer disqualified from further representation. It will be a battle.#N#More

Michael Raymond Daymude

Your question is too broad to answer with any specificity. Declarations are usually filed in support of procedural matters. Rarely will an attorney have personal knowledge of facts as they relate to the specific elements of a cause of action.#N#If you notice the deposition of opposing counsel, you are likely to be met with a...

Eliot M. Wolf

Sounds like you are pro se (pro per). Get counsel involved as the proper tactic likely would be to seek to have counsel relieved if they are in fact a material witness.

Cross-Examination

• After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination…

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