Cross-examination is an important step in the legal process and a cornerstone of the court trial process. A fundamental feature of a fair trial, it is considered the “ultimate means of demonstrating truth and testing veracity” (R v Osolin, 1993 CanLII 54 SCC).
Although the right to cross-examination a witness is broad, counsel are generally bound by the rules of relevancy and materiality. And since cross-examination is governed by different rules than direct examination, cross-examination questions can only cover topics or facts covered on direct examination. More importantly, and the cardinal rule of cross-examination, leading questions are allowed.
Cross examination is therefore not the time to delve into the witness’s interpretation of the facts; rather, it’s the time for you to tell a story by obtaining the witness’s assent. Your questions during cross-examination need to probe the reliability of the witness and uncover additional information about the case at hand.
Whether you act for the plaintiff or the defendant, whether you are the prosecuting or defense counsel, MasterFile is designed to help you prepare for cross-examination by managing evidence, witness interviews, and the analysis of claims, facts and issues.
With MasterFile you’ll develop your questions more efficiently and execute them more effectively.
Gather witnesses’ statements and related evidence
Organizing witnesses’ prior statements, depositions, emails and other evidence, identifying contradictory statements and setting out issues and questions to be probed, is the key to an effective cross-examination. MasterFile makes this easy.
Extract key information and facts in one click; the underlying source is linked automatically.
Be prepared to prove each fact
As you review documents and highlight key information, facts and events, you’re building your case and automatically preparing it for trial in one pass.
Underlying proof is linked to facts automatically. Because, facts you can’t find the proof for are pointless. MasterFile shows you all related and probative material in one click.
Facts with the litigator’s notes and linked probative material.
Impeaching a witness: contradictory statements at your fingertips
Instantly find contradictory or prior statements related to any issue and effectively impeach a witness.
Questions for each witness raised during review of various facts, depositions, etc. Click here for an example set in PDF format.
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