england-and-wales rules-of-court trial cross-examination
Is cross examination strictly confined to the subjects that the original examination pertained to, or can the opposing party make their own points?
<p>Pretty straightforward question, really: what are the topical constraints of cross examination with reference to examination?</p>
<p>Suppose party A calls witness W to the stand to ask them questions about the alleged motive and means for the crime.</p>
<p>Party B now cross examines W but would like to use the opportunity to raise points rather about W’s whereabouts and possible alibi so the questions B would ask W in CE actually have nothing to do with those asked of W by A shortly before. Are they nonetheless allowed?</p>

<p>On cross-examination <em>any</em> relevant questions can be asked.</p>
<p>It is re-examination that is confined to clarifying whatever new questions/issues were raised during cross.</p>

<p>Counsel can ask relevant questions on cross. However, what was asked in direct can be a factor as to what is considered &quot;relevant&quot; on cross, so there are situations where what can be asked on cross is dictated by direct. For instance, if a party wants to ask a witness how old their children are, that question is much more likely to be allowed as relevant if the other party already asked the witness questions about their children. Asking a witness about their possible alibi is quite likely to not be allowed if a foundation hasn't been laid, but the question of foundation is present in both direct and cross.</p>
