Method and Scope of ExaminationExamination of Witnesses
Section § 765
This law section requires the court to manage how witnesses are questioned during legal proceedings. The goal is to make questioning fast, clear, and effective for revealing the truth while also protecting witnesses from unnecessary harassment or embarrassment.
Special care is required for witnesses who are either under 14 or have significant cognitive impairments. For these individuals, the court needs to avoid unnecessary repetition, ensure questions are age-appropriate, and may block questions that are confusing for the witness.
Section § 766
When a witness is answering questions in a legal setting, they must provide answers that directly respond to the questions asked. If they don't, and their answers are not relevant or on point, any party can ask the court to remove those unresponsive answers from the record.
Section § 767
In general, you can't ask leading questions, which suggest the answer, to a witness you're questioning directly, unless justice needs otherwise. However, it is allowed during cross-examination when questioning the opposing side's witness.
The court can allow leading questions for children under 10 or adults with substantial cognitive impairments in specific abuse or criminal cases.
Section § 768
This law explains how to handle documents when questioning a witness. You don't need to show a document to a witness when asking about it. However, if you choose to show the document to a witness, then everyone involved in the case should get a chance to look at it before you ask based on the document.
Section § 769
This law states that when questioning a witness about something they've said or done that contradicts their testimony, you don't have to reveal any details about the inconsistent statement or conduct to them during the questioning.
Section § 770
In general, you can't use evidence from outside the court to challenge what a witness has said during their testimony unless they were given a chance to explain or deny it while testifying, or if the witness is still available to provide more testimony.
Section § 771
This law says that if a witness uses a written document to help remember details about their testimony, they have to show the document at the hearing if the other side asks for it. If they don't provide it, the witness's testimony on that matter can be removed from the record. However, if the document is presented, the opposing party can look at it, question the witness about it, and even submit parts of it as evidence. There are exceptions if the document isn't available because the witness or the party doesn't have it, or they couldn't get it through normal court procedures.
Section § 772
This law outlines the process for questioning a witness in court. The phases include direct examination, cross-examination, redirect examination, and recross-examination. Each phase should be completed before moving to the next, unless the court decides otherwise for a good reason. A party may interrupt a phase to address new topics not previously covered, if the court allows it. However, if the witness is the defendant in a criminal case, they cannot be directly examined by another party without their consent.
Section § 773
This law allows a witness who has been questioned by one side to be questioned by the other sides as well, on related topics that came up in the initial questioning. The judge decides the order in which each side can question the witness.
Also, if a side does not oppose the side that originally questioned the witness, their questioning must follow the same rules as the initial questioning.
Section § 774
Once a witness has been questioned in court, they cannot be questioned again about the same topic unless the court gives permission. However, if another party in the case introduces new topics during their questioning, the original party can question the witness about those new topics. The court has the power to decide whether to allow such reexamination.
Section § 775
This law allows a court to call and question witnesses just like any party involved in a case can. If the court calls a witness, other parties can still raise objections to questions and evidence, just as they would if an opposing party had called the witness. Additionally, all parties in the case have the right to cross-examine these witnesses in an order determined by the court.
Section § 776
This section allows a party in a civil lawsuit or someone closely associated with them to be questioned by the opposing side, as if they are under cross-examination, at any point when the questioning side is presenting their evidence. This person can then be questioned further in a specific order as the court decides. However, their own lawyer, or a lawyer not against them, can only speak to them next as if it were a follow-up questioning.
People considered connected to a party could include close associates such as employees, directors, or agents, especially if their role is directly connected to the lawsuit. Even those previously in these positions at key times related to the case are covered. Some exceptions apply for specific situations where the person being questioned is aligned with both their questioner and another party.
Section § 777
This law allows a court to make witnesses leave the courtroom so they can't hear the testimony of other witnesses being examined.
However, the parties directly involved in the case cannot be excluded. If a company or organization is a party, its lawyer can pick an officer or employee to stay in the courtroom.
Section § 778
If a witness has finished their testimony and been released, they can only be called back to testify if the court agrees. The decision is up to the judge.