Order of examinations
The sequence and its limits. A witness is examined in chief, then (if the other side wishes) cross-examined, then (if his own side wishes) re-examined. All must be relevant — but cross may range beyond the chief, and re-examination is confined to explaining what cross raised.
How to read Section 143
Chief, then cross (if wanted), then re-examination (if wanted) — all on relevant facts; cross may go wider than the chief, and re-examination only explains what cross raised.
Chief first; then cross if the adverse party desires; then re-examination if the calling party desires.
Chief and cross must relate to relevant facts — but cross need not be confined to what the witness said in chief.
Directed to explaining matters raised in cross; any new matter needs the court’s leave — and then invites further cross.
The bare Act
The section in its own words — the order, the scope, and the direction of re-examination.
Order. (1) Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.
Scope. (2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.
Re-examination. (3) The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.
In short: this section sets the choreography of examination. First the order (sub-s 1): a witness is examined in chief, then — only if the adverse party desires — cross-examined, then — only if the calling party desires — re-examined. Cross and re-examination are thus optional, each at the choice of the side entitled to it. Next the scope (sub-s 2): both chief and cross must keep to relevant facts, but the great rule of cross-examination is that it is not confined to the facts the witness spoke to in chief — the cross-examiner may range over the whole field of relevant matter. Finally the direction of re-examination (sub-s 3): it is tethered to explaining matters that arose in cross — it is not a second innings for fresh evidence. If new matter is introduced in re-examination, it may be done only by the court’s permission, and it comes at a price: the adverse party may then further cross-examine on that new matter.
→ This carries forward IEA 1872 § 138 — the order and scope of the three examinations.
Glossary
The calling party questions before anyone else.
Cross-examination is optional — at the opponent’s choice.
Questions must bear on facts in issue or relevant facts.
Cross may go wider than what the witness said in chief.
Re-examination explains what cross-examination raised.
A new topic in re-examination needs leave, and reopens cross on it.
The picture
A fixed order, all on relevant facts — cross ranges wide, re-examination stays tethered to cross.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
order & scopeA fixed sequence — and cross may go wider than the chief
re-examinationTethered to cross — new matter only by leave, and it reopens cross
Connected provisions
Examination of witnesses
The definitions of the three stages — § 143 sets their order and scope.
Cross-examination of person called to produce a document
Producing a document does not, by itself, make a person a witness open to cross-examination.
Leading questions
When leading questions may be put — freely in cross, but not in chief or re-examination without leave.
IEA 1872, § 138
Carried forward — the order and scope of the three examinations.