These sections are discussed further below. Under s 44(2) and (3), limited cross-examination may be undertaken on the previous representations of another person.
#Hostile witness rules of court full#
Cross-examination may be undertaken on a witness’ prior inconsistent statement without the need to provide full particulars or show the document in question. (d) the witness’s age, or any mental, intellectual or physical disability to which the witness is subject, may affect the witness’s answers.ĥ.39 Cross-examination on documents is regulated by ss 43 and 44. (c) the witness is sympathetic to the party conducting the cross-examination, either generally or about a particular matter and (b) the witness has an interest consistent with an interest of the cross-examiner and (a) evidence that has been given by the witness in examination in chief is unfavourable to the party who called the witness and Without limiting the matters that the court may take into account in deciding whether to disallow the question or give such a direction, it is to take into account the extent to which: However, the court may disallow the question or direct the witness not to answer it, taking into account a number of factors. Section 42 establishes that leading questions may be asked in cross-examination. ĥ.38 Section 41 provides that the court may disallow questions on the basis that they are misleading or unduly annoying, harassing, intimidating, offensive, oppressive or repetitive. For example, s 40 adopts the rule that where a witness has been called in error and is not questioned, that witness is not then available to the other party for cross-examination. Uniform Evidence Acts and other legislationĥ.37 The provisions of the uniform Evidence Acts that concern the rules for cross-examination substantially mirror practices under the common law.
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