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Home > Law > Law glossary > Law glossary
Examination-in-chief
Last modified: Thu Feb 23 16:37:37 2006
The questioning of a witness by the party that called that
witness or, more often, by that party's advocate. In a criminal
trial, examination-in-chief is typically carried out orally and,
as far as possible, in open court (see SpecialMeasuresForWitnesses).
In a civil hearing, examination-in-chief has now largely been
replaced by the presentation of written statements.
During examination-in-chief, advocates are forbidden from asking
LeadingQuestions, mostly because these tend to give the
impression that certain facts are accepted, when they remain
at issue. In addition, advocates are discouraged from asking
questions whose answers would be inadmissible as evidence
(because, for example, they amount to hearsay; see
also AdmissibilityOfEvidence), or which serve only to
bolster the credibility of the witness (see
SelfServingStatement).
A party that calls a witness will, of course, hope and
expect that the witness will given evidence that is favourable to
his case (the jargon term for this is `come up to proof').
However, unless the witness is declared hostile (see
HostileWitness), a party is not usually permitted to seek to undermine
the credibility of his own witness (see also UnfavourableWitness).
EvidenceLaw
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