§ SECTION 142 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

Examination of witnesses

Three stages, in order. A witness is first questioned by the party who calls him (examination-in-chief), then by the adverse party (cross-examination), and finally — after cross — again by the party who called him (re-examination).

How to read Section 142

These are the names of the three stages: your own side questions first, the other side tests, and then your side may clear things up.

Examination-in-chief

The examination of a witness by the party who calls him.

Cross-examination

The examination by the adverse party.

Re-examination

The examination, after cross, by the party who called him.

The bare Act

The section in its own words — three definitions.

Section 142 · verbatim

Examination-in-chief. (1) The examination of a witness by the party who calls him shall be called his examination-in-chief.

Cross-examination. (2) The examination of a witness by the adverse party shall be called his cross-examination.

Re-examination. (3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.

In short: a witness is examined in three named stages, and each is defined by who asks the questions and when. Examination-in-chief is the questioning by the party who called the witness — the side’s own witness, led to bring out the evidence it supports. Cross-examination is the questioning by the adverse party — the opposing side’s chance to test and challenge that evidence. Re-examination is a later stage, subsequent to the cross-examination, conducted again by the party who called the witness — an opportunity to clear up what cross-examination raised. Two things follow from the words themselves: re-examination comes only after there has been a cross-examination, and it is done by the calling party, not the adverse one. This section only names and defines the stages; their order, their permitted scope, and the rules on leading questions are set out in the sections that follow.

→ This carries forward IEA 1872 § 137 — the definitions of examination-in-chief, cross-examination and re-examination.

Glossary

examination-in-chief

The first questioning, by the party who called the witness.

cross-examination

The questioning by the opposing party.

re-examination

The questioning after cross, by the party who called the witness.

the party who calls him

The side that produced the witness.

the adverse party

The opposing side.

subsequent to the cross-examination

Re-examination happens only after a cross-examination.

The picture

Your side questions first, the other side tests, and then your side may clarify — in that fixed order.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The three stagesWho & when

three stagesChief, cross, re-examination — each defined by who asks

In one lineChief = by the calling party; cross = by the adverse party; re-examination = after cross, again by the calling party.

(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.chief = by the party who calls himthe side’s own witness, questioned to bring out the evidence it relies on.

(2) The examination of a witness by the adverse party shall be called his cross-examination.cross = by the adverse partythe opposing side’s chance to test and challenge the witness.

(3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.re-examination = after cross, by the callerthe calling party again, to clear up what cross raised.

ExampleThe plaintiff calls W: the plaintiff examines him in chief, the defendant cross-examines, and then the plaintiff may re-examine to explain a point that arose in cross.

✗ Not thisRe-examination is not conducted by the adverse party, and it is not a fresh chief. It is the calling party’s stage, and it comes only after a cross-examination.

who & whenEach stage is fixed by its questioner and its place in the sequence

In one lineThe questioner and the timing define the stage — and re-examination is contingent: no cross-examination, no re-examination.

(3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.timing: subsequent to the cross-examinationthe definition builds the sequence into the name — re-examination is the calling party’s stage that follows cross.

ExampleIf the adverse party declines to cross-examine, there is nothing to re-examine on — the stage simply does not arise. Re-examination is tied to the cross it answers.

✗ Not thisThis section only defines the stages. How far each may range, the use of leading questions, and further cross-examination on new matter are governed by the following sections — not by these definitions.

Connected provisions

§ 141 · back

Judge to decide admissibility

The judge admits evidence on the test of relevance — then it is elicited through these three stages.

§ 143 · next

Order of examinations

Chief → cross → re-examination; cross is not confined to the chief; re-examination explains cross.

the run ahead

Leading questions

When leading questions may — and may not — be put in each stage.

lineage

IEA 1872, § 137

Carried forward — the definitions of examination-in-chief, cross-examination and re-examination.