The concept of cross-examination in civil trials and how it differs from direct examination. Here's a breakdown of the key points:
Witnesses in Civil Trials:
- There are two types of witnesses: Plaintiff's and Defendant's.
- This doesn't mean the witness necessarily favors a party, but rather who called them to testify.
- A party generally cannot cross-examine their own witness, unless the witness becomes hostile or the opposing party is called as a witness.
Direct Examination vs. Cross-Examination:
Direct Examination:
- Conducted by the party who called the witness.
- Uses non-leading questions, allowing the witness to tell their story freely.
- Aims to establish the party's case through the witness's testimony.
Cross-Examination:
- Conducted by the opposing party.
- Uses leading questions to highlight weaknesses, inconsistencies, or biases in the witness's testimony.
- Aims to discredit the witness's story or elicit information favorable to the cross-examining party.
Importance of Cross-Examination:
- While dramatic cross-examination can be entertaining, a well-prepared direct examination is often more crucial for winning a case.
- The focus should be on building a strong case through your own evidence, not solely relying on weaknesses in the opponent's.
Additional Notes:
The passage mentions the Civil Procedure Code, 1908, which likely refers to a specific legal code governing civil procedures in a particular jurisdiction (possibly India).
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