1

Cross-Examination and Leading Questions in Civil Proceedings!

In a civil trial, there are two kinds of witnesses:

a) Plaintiff’s witnesses and

b) Defendant’s witnesses.

What do you mean when we stay that a witness is “Plaintiff’s” or “Defendant’s” ? Do we have

to figure out which party the witness is rooting for to win the case ?

No, witnesses “belong” to the party who calls them. If plaintiff calls a witness during

plaintiff’s part of the trial, that person is plaintiff’s witness.

What difference does it make?

In general, a party may not cross-examine his own witness. An exception is made only if the

witness’s own answers demonstrate hostility—then the judge may allow the witness to be

treated as if belonging to the opposing party. An, of course, if plaintiff calls the defendant as

a witness, plaintiff can treat her as adverse, and vice versa.

Cross-Examination is different from direction examination. In direct examination, leading

questions are forbidden. A leading question is a question that tells the witness what answer

the attorney wants to hear. “ Didn’t you spend last Saturday night at home watching

television with your wife? Is a leading question. The same question, rephrased so as not be

leading, would be “what did you do last Saturday night? “ in the leading version, it is really

the attorney who is telling the story, not to witness.

CIVIL PROCEDURE CODE , 1908, LL.B. PART III

TOPIC: An Introduction to CPC, 26th of Sep,2016

Presented by: SM Zarkoon, Lecturer, B.Sc. LL.B. LL.M. {Criminology & Law of Evidence}

University Law College Khojjak Road Quetta.

Email: lawyer.21st@yahoo.com Ph.# 081-2843053

2

In cross-examination, leading questions are not only allowed, they are often essential. The

purpose of direction examination is for the witness to tell his story in his own words. The

purpose of Cross-Examination is to test the witness’s credibility and truthfulness—in other

words, to poke as many holes in his testimony as possible. This is not done by giving the

witness another opportunity to repeat his story; it is best done by asking questions that must

be answered with a “yes” or a “no” and making sure that if the witness picks the wrong

answer, you have plenty of ammunition to discredit him.

A final word about cross-examination: Skillful, well-planned cross-examination can be

spectacular and fun to watch, but the thing that wins cases is skillful, well-planned direct

examination. Usually, you must win your case on the strength of your own story, not the

weaknesses in your opponent’s story. This is almost always true if you represent the plaintiff,

and true more often than not if you represent the defendant.

3