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BPTC Law Notes BPTC Civil Ligitation Notes

Leading And Nonleading Questions

Updated Leading And Nonleading Questions Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

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LEADING AND NON LEADING QUESTIONS

GENERAL RULE: non-leading questions in examination in chief EXCEPTIONS:

  1. Introductory matters

  2. Undisputed matters

3. Hostile witnesses: where the court has given leave for the party to treat its own witness as hostile

CROSS EXAMINATION AS TO CREDIT

  • For example one may ask questions to show that the witnesses’ testimony has errors or omission, inconsistencies, exaggeration or improbabilities.

  • Once can also ask questions on previous convictions, bias, corruption, lack of veracity and discreditable conduct.

  • LIMITS:

    1. Such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testified

    2. Such questions are improper if the imputation which they convey related to matters so remote in time, or of such a character that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the court as to the credibility of the witness on the matter to which he testifies.

    3. Such questions are improper if there Is a great disproportion between the important of the imputation made against the witness’ character and the importance of his evidence.

  • HOW FAR BACK IS IT PERMISSIBLE TO DELVE INTO A WITNESS’ PAST? Since the purpose of cross examination as to credit is to show that the witness ought not to believed on oath, that matters about which he is...

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