Evidence: Testimonial Evidence: Witnesses: Cross Examination

  • Cross Examination-of adverse witnesses is a right. If a witness testifies, but then cannot be cross-examined, the witness's direct testimony will be struck.
    • Restrictions: Cross-examination is limited to (1) matters within the scope of the direct examination and/or (2) matters that affect the witness's credibility.
    • The cross-examiner is generally bound by the answers of the witness to questions concerning collateral matters. Thus, the response may not be refuted by extrinsic evidence. However, certain recognized matters of impeachment, such as bias, interested, or conviction, may be developed by extrinsic evidence because they are sufficiently important. The trial court has considerable discretion.