Advocacy - Re-examination of Witnesses

Re-examination

advocacy law

Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine their witness. The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination. It is not another opportunity to go through the evidence provided.

An example of when re-examination might be necessary would be where the cross-examination has perhaps shown the witness' testimony to be muddled and confused. Alternatively, you might want to use re-examination if during the cross-examination inconsistencies have appeared between a witness' testimony and a prior statement.

You can use re-examination to highlight flaws and/or inconsistencies in the other side's case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case.