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Golden Rule while getting cross examined

Golden Rule while getting cross examined

Authored by National Family Harmony Society, Bangalore – https://498amisuse.wordpress.com/

1. Never look into the eyes of the advocate who is crossing you. Always look into the eyes of the Judge.

2. Be cool, calm and composed and don’t panic.

3. If possible get a friend to the court hall to keep company to you prior to getting crossed.

4. Never give justification for the question. E.g.

Opposite advocate: I state that you have demanded 10 lakh of dowry from your wife.
Yourself  Wrong answer: Why will I demand dowry? I earn handsome salary
Yourself  Right answer: This is false.

5. Think why advocate is asking a particular question. He will not ask without motive.

6. Never answer any question in hurry but for that matter doesn’t take too long to answer.

7. Best way to frustrate opposite advocate is to ask him to repeat the question. Sir can you repeat the question. I did not understand!!. This way you not only frustrate the advocate but also you will get time to think over the answer which is favourable to you.

8. If you are not sure about the answer will favourable or against you then simply say I don’t remember.

9. You have the right to refuse a particular question. I have myself done this. E.g.

Opposite advocate: My I know where do you stay?
Yourself  Sir, at the last three places where I stayed they came and assaulted me. In view of that I am unable to give my current address.

10. You can do submission if you feel it can help in your favour.

11. Never lose your cool in spite of uncomfortable questions. Remember advocate is just putting a suggestion.

12.  Denying everything is good but be careful. I was watching a brother of husband getting cross examined in DV case.

Opposite advocate: Are you brother of Shri XYZ?
Brother of husband : Yes

Opposite advocate: In your affidavit whatever you have mentioned did you came to know on your own or your brother told you?
Brother of husband : I came to know on my own.

Opposite advocate: In paragraph 8 you have mentioned about a incident in their HoneyMoon. How you came to know of this on your own?
Brother of husband : F u m b l i n g!!…

Opposite advocate: You have given a false affidavit. Your Honour, the behaviour of the witness may kindly be recorded.

13.  Denying everything has the advantage of finishing the cross very fast. Remember in any case it is only cross which takes lot of time as it is a multiple event.

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Categories: Weekly Sessions
  1. biashambar nath
    March 8, 2011 at 5:18 am

    very good instructing advice

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