(4)6.6.2 Cross-Examination
(a) Purpose.
Cross-examination is conducted to:
- test the credibility, reliability, and accuracy of the witness;
- clarify, challenge, or qualify testimony elicited during direct examination; and
- highlight inconsistencies, biases, or omissions in witness statements.
(b) Conduct.
Counsel shall:
- ask questions in a clear, sequential, and non-argumentative manner;
- remain within the scope of topics covered during direct examination, unless the court grants permission to expand;
- avoid harassing, intimidating, or badgering the witness;
- ensure all questions are designed to elicit factual answers rather than speculative or leading conclusions beyond the witness’s knowledge; and
- comply with evidentiary rules, including relevance, authentication, privilege, and admissibility as outlined in Chapter 5.
(c) Scope and Limitations.
- Questions may probe for inconsistencies between prior statements and current testimony.
- Counsel may explore potential biases, interests, or relationships that may affect the witness’s credibility.
- Leading questions are generally permitted during cross-examination, provided they do not introduce new, irrelevant, or prejudicial information.
- Counsel may use exhibits, prior reports, or recorded statements to challenge testimony, subject to proper authentication and court approval.
(d) Judicial Oversight.
The court may:
- intervene to prevent improper questioning, including harassment, irrelevance, or leading beyond scope limitations;
- provide curative instructions to the jury if improper conduct occurs; and
- impose sanctions or admonishments on counsel violating rules of procedure or ethics.
(e) Special Considerations for Expert Witnesses.
- Cross-examination of experts may address methodology, qualifications, assumptions, or conclusions.
- Counsel may challenge expert opinions by comparison to recognized standards, literature, or contrary evidence, ensuring relevance and fairness.
- Expert cross-examination shall not extend to personal beliefs unrelated to the expert’s field or the matters at issue.