#13721 - Leading And Nonleading Questions - BPC Civil Litigation

LEADING AND NON LEADING QUESTIONS

GENERAL RULE: non-leading questions in examination in chief EXCEPTIONS:

1. Introductory matters

2. Undisputed matters

3. Hostile witnesses: where the court has given leave for the party to treat its own witness as hostile

CROSS EXAMINATION AS TO CREDIT

• For example one may ask questions to show that the witnesses’ testimony has errors or omission, inconsistencies, exaggeration or improbabilities.

• Once can also ask questions on previous convictions, bias, corruption, lack of veracity and discreditable conduct.

• LIMITS:

  1. Such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testified

  2. Such questions are improper if the imputation which they convey related to matters so remote in time, or of such a character that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the court as to the credibility of the witness on the matter to which he testifies.

  3. Such questions are improper if there Is a great disproportion between the important of the imputation made against the witness’ character and the importance of his evidence.

• HOW FAR BACK IS IT PERMISSIBLE TO DELVE INTO A WITNESS’ PAST? Since the purpose of cross examination as to credit is to show that the witness ought not to believed on oath, that matters about which he is questioned must relate to his likely standing after cross examination with the tribunal which is trying him or listening or his evidence

THE RULE OF FINALITY

GENERAL RULE

• A witness’ answer to a Q concerning a collateral issue is final in that the cross examining party cannot attempt to call any further evidence to prove the contrary

• DEFINITION: a collateral issue is one that is not directly relevant to the facts in issue in the case. The test is whether if the answer of a witness is a matter which you would be allowed on your own part to prove in evidence – it if have such a connection with the issues, that you would be allowed to give it in evidence – then it is a matter on which you may contradict him.

• Whether or not an issue...