In California civil cases, cross-examination is a critical stage of the trial where one party questions the opposing party’s witness to challenge their credibility, accuracy, or reliability. During cross-examination, the attorney is typically restricted to asking leading questions, meaning questions that suggest the answer within the question itself (e.g., “Isn’t it true that you were at the scene of the accident?”). The goal is to impeach the witness’s testimony, cast doubt on their version of events, or highlight inconsistencies in their story. This is the opportunity to show weaknesses in the opposing party’s case without introducing new evidence or testimony.
Cross-examination is governed by California’s Evidence Code, which provides certain protections and rules. For instance, while leading questions are generally allowed, the questioning must still be within the bounds of relevance and decency. Attorneys are not allowed to engage in harassing or argumentative behavior, and the questions must be pertinent to the case. The effectiveness of cross-examination often depends on the lawyer’s ability to control the witness and elicit responses that damage the credibility of the opposing party’s case, ultimately influencing the judge or jury’s perception of the facts.
