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ARTICLE · 10 FEBRUARY 2023

Cross examination in court proceedings

A lawyer performs cross examination in court in order to expose gaps in the witness's evidence.

AustraliaLitigation, Mediation & Arbitration

A lawyer performs cross examination in order to expose gaps in the witness's evidence. In movies or dramas, this is where the lawyer keeps questioning a witness in order to find out if they are telling the truth. The prosecution can also challenge any oral testimony that defendants present by cross-examining defence or prosecution witnesses.

In general, the first party who may question a witness is the first party who asked the witness to attend court. Then, another party has the opportunity to question the witness about any evidence they have given. Any parties to the proceeding other than the party who summoned the witness may cross examine any witness that is present to testify. However, there are several restrictions to this rule.

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