Veerendra 02 February 2023

Cross examination in written format? is it possible? if yes, what is the procedure ?

Dear all eminent lawyers,

I am a complainant in a co-operative society overbilling dispute. The opposite party has not filed a written statement for 3 long years. However they come everytime and create a ruckus.

Now my case is scheduled for cross examination and verification of documents and I am supposed to be cross examined by the opponent. As mentioned by me earlier, the opposite party creates ruckus and I don't want to lose my balance of mind while answering questions.

Therefore, can I be asked questions in writing and I can also reply in writing. Basically what I want to know if I can ask to be cross examined in writing.

I will ask for questions in writing from the opposite party. I will then answer them in writing.

That I feel will be a more dignified approach.

So please let me know how we go about it. What is the format of the application that I need to make for the same?

And if this not possible than what is the legal remedy for the same.

Hope to see many responses and many thanks in advance for the same.

Regards,

Veerendra Darakh.

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1 Replies

Pankhuri Rastogi 18 October 2024

Good Day Veerendra,

I have gone through your query in detail and here is my advice:

In all the disputes regarding cooperative society overbilling, traditionally, cross-examination is generally done orally in the courts. In your situation, the concern is maintaining composure because of the issues with the disturbances caused by the opposite party. For this, you may request the court to give an order for the written cross-examination, although this is an uncommon concept and will depend on the discretion of the court. But there are very few chances for this, as courts generally prefer oral examinations to assess the credibility, body language, and behavior of the witness.

You can file an application focusing on the issue of undue stress and the troublesome behavior of the opposite party, also mentioning that written cross-examination will make sure to have a dignified and fair process, allowing you to maintain a well-mannered composure during the session.

If the court does not permit the request for a written cross-examination, then there are several alternative remedies for which you can move to the court. You can seek the court requesting the maintenance of strict decorum during oral cross-examination and ensuring a calm and peaceful environment, preventing any kind of disruption from the opposite party. The court, in response to this, may issue some concerned warnings or sanctions for the opposite party if they continue to behave inappropriately with you.

During the session of oral cross-examination, staying composed, clear, and concise are the most important elements, as that will only decide whether the court will believe your point or not. But still, if the opposite party misbehaves or becomes too disruptive, you can ask the court for an adjournment or you can bring it to the immediate attention of the judge, asking for remedies to ensure fair proceedings.

Thanks for putting your query. Let me know if there are any follow-up questions.