Cross- examination

Guest (Querist) 27 March 2013 This query is : Resolved
Respected Sirs/Madam!
My divorce case has been going on for the last 20 months(I had filed under cruelty).My cross-examination has been going on for the last 5 months.I have appeared 8 times and the opposite lawyer has asked questions filling pages and pages.Essentially he`s dragging on the case without asking anything substantive and asking the same questions repeatedly.Twice,he even din`t ask any questions saying his client was not present.How can I stop this exploitation?

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prabhakar singh (Expert) 27 March 2013
By putting objections to his questions.

R.K Nanda (Expert) 27 March 2013
pray to court to close ur X.

Guest (Querist) 27 March 2013
Thank you sirs...If the court doesn`t close the cross-examination,can I refuse to appear further for the same?

prabhakar singh (Expert) 27 March 2013
No you can not refuse .It is not your right.

Only court can close cross examination or disallow a question objected not to be asked.

Simply thoroughly go with cross noted mark out the repeated questions and move the application for closer.

or put the things in your memory to refer to the court as and when now they are repeated or found irrelevant.

Guest (Querist) 27 March 2013
Thank you sir...Much appreciated...My advocate has noted down the questions asked,I`ll stress to him to object to repeated questions.

prabhakar singh (Expert) 27 March 2013
That is okay!
n
you are most welcome!.

Guest (Querist) 01 May 2013
Sir,

I appeared for the 9th time yesterday and the case came up for hearing at 12 noon.The opposition lawyer said he couldn`t do the cross-exam as he was late for a high court case and it has been postponed one more month...Now I plan to refuse to go even one more time even if I lose the case.Can the judge order me to appear even if I absolutely refuse this time-wasting tactic.

prabhakar singh (Expert) 01 May 2013
The judge may treat your case without evidence but i do not think he would do hurriedly when he is accepting so many adjournments from the other side.

Often courts in lower court are lenient on counsel grounds though law in this regard is amended.

Guest (Querist) 01 May 2013
My advocate says he`s going to ask the judge to assess the case on existing cross-examination as it`s already filled 32 pages and ask the judge to close my cross-examination...He says if the opposition lawyer wants me to attend again,then he needs to file a petition in the High Court to force me to do so...Thank you sir for your advice so far

Guest (Expert) 01 May 2013
If the lawyer of the opposite party has been able to fill 32 pages in cross-examination without objections from your lawyer, naturally, the soundness of your own lawyer becomes questionable. He should be able to convince the judge that the case is being dragged unnecessarily just to gain time for your harassment. In that case, of your own lawyer is lethargic, even petition in HC may not yield any fruitful result, except dragging of the main case still for a longer period, besides waste of money.

prabhakar singh (Expert) 01 May 2013
Surprising!32 long pages of cross examination yet some thing to go.

You should ask court to compel your opposite
lawyer to tell as to what part of the statement in chief has not been touched in cross examination made so for.

V R SHROFF (Expert) 01 May 2013
It is the duty of your Advocate to Object any Repeated Questions, Any irrelevant or immaterial Questions,

Unless your Advocate objects, How can it be stopped??

Opp Adv have all the right to cross examine you on all fact touching your Affidavit in Chief + to check your credentials.

Presiding Officer of the Court must stop him wasting Valuable time of the Court. He is duty bound to do so.
UR ADV MUST FIRE HIM STRONGLY THE MOMENT HE MAKE A MISTAKE AND ASK REPEAT QUESTION OF IRRELEVANT/ IMMATERIAL QUESTION, CHALLENGING TO PROVE HIM, THAT THE QUESTION IS ADMISSIBLE OR NOT!!

how can it go to 32 pages??
Analyse and bring on record/

Guest (Querist) 01 May 2013
Sirs,
Initially my lawyer was very quiet for few times.After I got frustrated,he started to object a little bit...And said `my client has come 8 times,how many times can he come?`But the judge says I will allow some more time and told my lawyer ` I will allow you 8 times too for you also to cross-examine the wife`..The judge is scared of the opposite lawyer as he keeps on dragging and all other court cases on that day are left in limbo,so he prefers to postpone the case.On the last occasion,my lawyer said `Sir this is the 9th time,but the judge postponed it...32 pages is mainly repeated questions and irrelevant material.Thank you sirs for your advice,I`ll tell my lawyer to object strongly and make it clear I wont appear again.

Guest (Expert) 01 May 2013
It is not the question of objecting to the * or 9 number of times of appearance, but objecting on the irrelevant or repeated questions by the lawyer of the opposite party.

Guest (Expert) 01 May 2013
If you don't appear for the case, then forget about winning of the case due to lethargic attitude of your own lawyer.

Guest (Querist) 01 May 2013
He did object on points the last two times but he can only object if the hearing takes place na...When the judge is allowing the opposition lawyer to say he will ask questions the next time as he`s busy elsewhere,what can my lawyer do?

Sir,one last question...Can my lawyer put any objections in writing citing that the opposition lawyer is dragging the case?

Raj Kumar Makkad (Expert) 01 May 2013
If the cross-examination has been on irrelevant questions then better to immediately change your lawyer.

Guest (Querist) 01 May 2013
Thank you sirs...It`s a small town,so most likely I have to wait for the appeal in the High Court before I can change him...I`ll try to motivate him more to object vehemently.

Guest (Querist) 10 June 2013
Just to give some feedback to learned experts who provided advice to me.

I appeared for the 10th time on Friday for the cross-examination.After half-hour some criminals came in and the judge asked me to get down from witness box for few minutes to deal with their case.Immediately the opposite lawyer requested postponement to next month which the judge granted.My lawyer argued saying this has been dragged for so many times.Judge reassured him saying he will give him similiar time to cross-examine the respondent.I was frustrated and shouted that my cross-has been going on for the past 6 months.This seemed to help as the judge told the opposition lawyer he has never granted so many adjournments to anyone and told him next will be the last time whether I or the opposition lawyer attends the court or not and he will request the respondent to appear next.I hope he keeps to his word.Thanks to learned experts for your advice.

Guest (Querist) 04 July 2013
Respected sirs and madam!
I appeared for the 11th time today.Previous judge said this was the last session but judge has changed now and he is granting more time for cross-examination.Opposition lawyer says he can`t cross-examine today as his client is not present.So I have declined to appear again in the future.Now opposition lawyer says he is going to appeal to high court to make me appear again.My question is whether the cross-examination of the respondent has to wait till this appeal is cleared or can it go ahead.Many thanks for your advice