101 Tips to Conduct Cross Examination

Cross-examination is often portrayed as the most thrilling part of a trial in movies and drama series. In this article, I will walk you through essential tips—Cross-Examination 101—to help you prepare effectively, whether for your bar school assessment or a real-life courtroom scenario 

For starters, cross examination must relate to the relevant facts but need to only be confined to the facts to which the witness testified in his examination-in-chief. Remember, the purpose of conducting a cross examination: test his credibility, weaken the other party case and put forward your case theory. 

Delving into it deeper, there are three different types of cross examination. Firstly, which is to obtain evidence relevant for closing submissions. Secondly, offensive cross examination which is to support or strengthen your case and defensive cross examination, which is to discredit the other side’s case. 

Now, here comes the question of how to ace cross examinations. Early and comprehensive preparation is the key. An advocate must first analyse the case and formulate a case theory, based on the cause of action or defence and the legal elements thereto. Having done so, the Advocate must then elicit evidence from the witness that is both relevant and supportive of the case theory. 

Back to offensive cross examination, the purpose of it is to extract and establish positive admissions, relevant to the case of your client. In the event you are successful in extracting concessions or admission from any of the witnesses from the opposing party, the evidence can then be used to strengthen the case you are putting forward.

As for defensive cross examination, the purpose is to elicit evidence prejudice and/or discredit the evidence of the witness for the opposing party. These witnesses invariably in examination in chief would have adduce evidence favourable to the opposing party and in support of the case theory of the other party. Such evidence where it is inconsistent with that of your client’s position must be confronted and to demonstrate its inherent improbabilities. The veracity of evidence needs to be challenged and discredit by showing errors/confusion/inaccuracies in their evidence. 

Conduct of cross examination 

One of the most fundamental aspects of cross examinations is to have control of the witness. That being said, use leading question. By asking open ended questions, you will allow the other party’s witness to explain his version of events, which might be detrimental to your case. 

Always remember to remain courteous and professional when conducting a cross-examination. It should never become a personal attack on the witness.

This writer, Astrid is a pupil barrister in Malaysia. She has a keen interest in Employment and Constitutional Law and will be pursuing this interest in her work as a pupil barrister.

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