rules-of-court witnesses
Usage of the term &quot;what if any&quot; in a question to a witness in court
<p>I am not a lawyer - but I have a question inspired by the recent case of Depp vs Heard.</p>
<p>As heard in the courtroom (no-pun) - I feel like the usage of the term &quot;what if any&quot; its not a proper question - and should not be allowed in court.</p>
<p>In my opinion a sentence should be properly formed as normal people would - not opened ended - and subjected to the objections.</p>
<p>Why is this allowed - seems like an obvious and ordinary loop hole.</p>

<h2>There is no problem asking open-ended questions in court</h2>
<p><a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" rel="tag">new-south-wales</a></p>
<p>First, a question can be inappropriate because the evidence that it seeks to introduce is inadmissible. Most commonly because it isn't relevant but also for hearsay, privilege, or any of several other reasons.</p>
<p>Second, the question may be &quot;improper&quot; within the meaning of <a href="https://legislation.nsw.gov.au/view/html/inforce/2020-07-01/act-1995-025?query=VersionSeriesId%3D%229cf426b5-c904-4ebf-bc7f-54c9ac0c8d4b%22%20AND%20VersionDescId%3D%22cfb4c9c1-0310-4e78-8086-e11a104b58c1%22%20AND%20PrintType%3D%22act.reprint%22%20AND%20(VersionDescId%3D%22cfb4c9c1-0310-4e78-8086-e11a104b58c1%22%20AND%20VersionSeriesId%3D%229cf426b5-c904-4ebf-bc7f-54c9ac0c8d4b%22%20AND%20PrintType%3D%22act.reprint%22%20AND%20Content%3D(%22cross%22))&amp;dQuery=Document%20Types%3D%22%3Cspan%20class%3D%27dq-highlight%27%3EActs%3C%2Fspan%3E%2C%20%3Cspan%20class%3D%27dq-highlight%27%3ERegulations%3C%2Fspan%3E%2C%20%3Cspan%20class%3D%27dq-highlight%27%3EEPIs%3C%2Fspan%3E%22%2C%20Search%20In%3D%22%3Cspan%20class%3D%27dq-highlight%27%3EAll%20Content%3C%2Fspan%3E%22%2C%20Exact%20Phrase%3D%22%3Cspan%20class%3D%27dq-highlight%27%3Ecross%3C%2Fspan%3E%22%2C%20Point%20In%20Time%3D%22%3Cspan%20class%3D%27dq-highlight%27%3E01%2F07%2F2020%3C%2Fspan%3E%22#ch.2-pt.2.1-div.5" rel="nofollow noreferrer">s41</a> of the <em>Evidence Act 1995</em>:</p>
<blockquote>
<p>(1)  The court must disallow a question put to a witness in cross-examination, or inform the witness that it need not be answered, if the court is of the opinion that the question (referred to as a disallowable question)—</p>
<p>(a)  is misleading or confusing, or</p>
<p>(b)  is unduly annoying, harassing, intimidating, offensive, oppressive, humiliating or repetitive, or</p>
<p>(c)  is put to the witness in a manner or tone that is belittling, insulting or otherwise inappropriate, or</p>
<p>(d)  has no basis other than a stereotype (for example, a stereotype based on the witness’s sex, race, culture, ethnicity, age or mental, intellectual or physical disability).</p>
</blockquote>
<p>Further, under s42, Leading questions <em>may</em> be disallowed if the court so rules.</p>
<p><strong>&quot;Because it is open-ended&quot; is not on the list.</strong></p>
