CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Scope of Examination
.........General Rule
 19 Cards On This Topic:
  • Cross-exam defined: Examination on matters which are within scope of direct.
  • No abuse of discretion in letting DA reopen X-exam of D where D's responses to co-D's atty's X-exam raised new issues about credibility [EC 774].
  • Cross-exam limited to scope of direct.
  • Reexamination limited to new matters, without leave of court.
  • Fed. rules limit cross-exam to scope of direct.
  • Party to civil action, or witnesses identified with that party, may be examined on direct by other party as if on cross-exam.
  • Witness called by a party may only be reexamined by that party or those associated with him/her as if under redirect.
  • Cross-exam need not always follow direct, provided there is reasonable means to later test the direct evidence.
  • Difference between DA's hyperbolic accusation that "all" of D's statements to police were lies and D's concession that he told a "whole lot of" lies could not have been prejudicial.
  • DA's calling D a liar based on his admitted lies to police and to girlfriend and arguing, in light of those lies, that D had lied on the stand was fair comment on the evidence.
  • Court properly sustained DA’s objection when D asked criminalist E if judgment of someone with BAL of .13 or .14% would be impaired where question went beyond scope of direct.
  • Court’s discretion to limit X-exam doesn’t infringe D’s constitutional right to confront Ws against him unless it might reasonably have produced much different view of W’s credibility.
  • DA's questions seeking E's inadmissible opinion re D's capacity to form intent required for crimes, and DA's seeking to "open door" on issue, were improper but not denial of fair trial right.
  • Cross-examination of officer limited to statements on same subject as direct examination or necessary for understanding direct.
  • Party in civil action may be examined by adverse party as if under cross-exam; extent of cross-exam lies within court's discretion.
  • D cannot limit cross-exam to precise facts concerning which he testifies.
  • Cross-exam limited to matters within scope of direct, absent offer of proof to show relevancy.
  • Effect of cross-exam going beyond scope of direct: Examiner takes witness on direct.
  • Cross-exam of witness properly limited to matters testified to on direct; general rules stated.


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