1. Questioning a Witness

2. Remember…

3. STEP 1: EXAMINATION IN CHIEF (Crown)
Crown questioning its witnesses
Cannot ask leading questions
a) Are questions that indicate an answer
b) Generally yes or no questions

4. STEP 2: CROSS EXAMINATION
After Crown is finished, defence cross-examines the Crown’s witnesses
May ask leading questions
Witness credibility a factor
Crown may re-examine witness regarding points brought up by the defence
Defence might be allowed to re-cross-examine

5. STEP 3: EXAMINATION IN CHIEF (defence)
Like Crown examination in chief, must be open-ended questions
i.e. what happened? When? Who was he with?
Can’t ask questions to your own witness or it’s leading an improper

6. STEP 4: CROSS EXAMINATION (Crown)
Crown may cross-examine defence’s witness
Asks leading questions that gets them to say yes or no (i.e. isn’t it true you drank 10 classes of wine on Tuesday?)
Defence may then re-examine the witness
Crown may make a rebuttal
Defence may make a surrebuttal (evidence to counter the Crown’s rebuttal evidence)

7. Steps in questioning summarized
1) Crown examination in chief 2) Defence cross-examination 3) Crown may re-examine witness 4) Defence may recross-examine with judge’s permission 5) Defence presents evidence 6) Crown may cross-examine witness 7) Defence may re-examine witness 8) Crown may make a rebuttal 9) Defence may make surrebuttal

8. What does this comic remind us about witnesses?

9. Other info about witnesses
Lawyers may pay a witness if they are an expert
Witnesses may be ordered to appear by a subpoena
A witness that fails to appear can have a warrant for arrest issued; can be detained for up to 90 days
Defence can have witnesses who have not yet testified removed from the courtroom
Witnesses must swear an oath (on the Bible) or make an affirmation (formal declaration) to tell truth
Knowingly giving false evidence is a crime (perjury)
Children are given special considerations

10. The accused Does not have to take the witness stand Jurors often view
failure to take the
stand as an
admission of guilt