Crossexamination

kalyani choudhury (Querist) 28 June 2012 This query is : Resolved
Please can someone enlighten me ? My brother is to be crossexamined in a civil case.Is it mandatary for the opposite party lawyer to provide a questionnaire to my brother's lawyer so that my brother can prepare the answers in advance. Some one suggested it is so.Is it true ?

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Adv.R.P.Chugh (Expert) 28 June 2012
No spontaneity is the essence of cross examination.

SAINATH DEVALLA (Expert) 28 June 2012
Kalyaniji,

Cross examination means extracting the required substance from the complainant or the respondent instantly.

Guest (Expert) 28 June 2012
Not even optional, what to say of mandatory. Providing questions before the cross-examination by the lawyer of the opposite party would mean digging of the grave of the client by his own lawyer.

Cross-examination is not an academic examination for which question paper has to be provided by the examining body. Cross-examination is a technique through which the facts are extracted as against the revelations already made on examinination of the witness and also the other hidden facts, which have not come to light during preliminary investigation made by the Investigating Officer or during the examination-in-chief made by the opposite side.

Needless to mention that if the questionnaire is provided beforehand, the witness can fabricate the answers as per his own sweet will to sidetrack the issues and to belie the justice.

So, no questions can be provided to your brother. On the spot answers will have to be given by your brother for each question posed during evidence process.

M/s. Y-not legal services (Expert) 28 June 2012
no.. actually cross examination is an art. if anything as of your query mean then no one can succeed their case.

-y.not legal services-

Sankaranarayanan (Expert) 28 June 2012
It is not like examination and give question bank. For. The case related and his role related question the opponent lawyer can ask.

Dr G V Rao (Expert) 28 June 2012
Agree with all experts. The very essence of a Cross examination is the surprise element.

Dr V. Nageswara Rao (Expert) 29 June 2012
Cross examination is done invariably by the "adverse" party. Its purpose is to challenge the credibility of the witness, to attck his charcter and demolish his testimony. So, the witness should not be given even an inkling of what you are going to ask, forget about giving a questionnaire.Surprise and subterfuge are the weapons.

venkatesh Rao (Expert) 30 June 2012
It is neither a rule of law nor of prudence. Furnishing a questionnaire ipso facto carries with it the systematic destruction of your own case.

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