england-and-wales civil-procedure rules-of-court trial civil
Are there any opportunities to Socratically question an opposing counsel on their legal arguments in a civil trial?
<p>According to this answer,</p>
<p><a href="https://law.stackexchange.com/a/90414/48046">https://law.stackexchange.com/a/90414/48046</a></p>
<p>Opposing counsel was called as a witness for examination in the American scopes trial.</p>
<p>Is such a practice allowed in English trial practice? Concerns here that come to mind:</p>
<p>Must a witness have previously filed a witness statement per se if they are to be called to the stand? Opposing counsel nonetheless will be physically present and available at the trial, AND will have drafted/submitted case presentation or argument outlines to the court on which they may be questioned.</p>
<p>If not, are there any other techniques which may be employed to be able to achieve this sort of direct  dialogue wherein the coherence/integrity of the opposing counsel’s legal arguments may be challenged?</p>

<h2>What would be the point?</h2>
<p>Legal arguments are not made in front of the jury or the witness. Nor are they made on oath.</p>
<p>They are made to the judge who hears the position of both sides and can ask questions if they want. Normally, the discussion is polite and relatively free-flowing. The judge may put forward their own view of the law. They may consult statute books or query case law to sort it out then and there.</p>
<p>If it’s really complicated, the judge may call for written submissions citing authorities and may call an adjournment while that happens, or they may excuse the current witness and come back to them when the matter is resolved.</p>
