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10. CROSS-EXAMINATION AND IMPEACHMENT

10. CROSS-EXAMINATION AND IMPEACHMENT . A. CROSS-EXAMINATION . CROSS-EXAMINATION of witnesses called by the opposing party is an absolute right in both civil and criminal cases. It usually consists of two kinds of questions -- (1) those designed to bring out additional facts and details about the events that were not brought out during the direct examination, and (2) those intended to raise questions about the credibility of the witness. Admissibility of the first kind is governed by ordinary rules of relevancy. The second category is known as IMPEACHMENT , and has its own set of rules. The cross-examining attorney is bound by the same rules of evidence as the attorney who conducted the direct examination, with a couple of differences. The cross-examiner has license to use repetition (despite Rule 403) to probe the testimony, and may use leading and suggestive questions, and demand a responsive non-evasive answer, but may not unnecessarily harass or embarrass the witness.

Poor Opportunity to Observe Under common law, the testimony of eyewitnesses may be impeached by evidence regarding their poor opportunity to observe the events from their particular locations. Extrinsic evidence such as a photograph is admissible to establish what the viewing conditions were like, as long as

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