1.

Witness those who testify in a cause or give

evidence before a judicial tribunal.

10. A witness who is recalled need not be sworn again

having been previously sworn in the case.

2. The examination of a witness is to enable the court

to judge the credibility of the witness by the witness
manner of testifying, their intelligence and their
appearance.

11. The answers of the witness shall be given orally

unless the witness is incapacitated to speak or question
calls for a different mode of answers

3. Open court is a court formally opened and enganged

in the transaction of judicial affairs to which all persons
who conduct themselves in an orderly manner are
admitted.

Examination of Witnesses
1. The examination of witnesses is ordinarily conducted
by the counsel.

4. Oath = An appeal by a person to God to witness the

truth of what he declares and an impreciation of Divine
punishment or vengeance upon him if what he says is
false.

2. While a party has the right to appear in propria

persona or by counsel, he has not both rights and the
court may refuse him permission to examine a witness
when he is represented by counsel.

5. Purpose : To affect his conscience and thus compel

him to speak the truth and also to lay him open to
punishment.

3. When a party is represented by several counsel who

conducts the examination of witness?
General rule: That but one counsel should be allowed to
examine a witness in single stage.

6. Usual form of oath : IMMATERIAL, provided it is a

form which in the witness belief invokes fear of
supernatural punishment.
7. Affirmation is a solemn and formal declaration or
assertion that the witness will tell the truth this being
substitute for an oath in certain cases

Reasons:
1. To protect the witness from undue and confusing
interrogation
2. To secure system and brevity by giving the control of
the interrogation to a single hand .
Dos and Dontl

8. When should oath or affirmation be administered?

Oath should be administered before the examination in
all cases, although a witness need not be sworn
( MALABO)
9. The court may commit for contempt a witness who
refuses to be sworn or to affirm.

1. Question must not be indefinite or uncertain as

to fail to put the adverse party on notice of testimony
sought to be elicited and preclude him from objecting
to the question in such specific manner as to prevent
any improper answer and to leave it almost entirely to
the discretion of the witness as to what matter shall
elucidate.

2. Question must be relevant

2. Categorical answers

3. Question must not be argumentative seeks to

elicit the answer of the witness to the argument
presented.

3. Answer based on witness own knowledge in part

cannot be excluded as a whole because it is also based
in part on what another person told him.

4. Question must not call for conclusion of law

4. Repetitious answers It was not error to strike out of

an answer that which was only a reiteration of what
the witness had testified to and about which there was
no dispute.

5. Must not call for opinion or hearsay evidence

A witness can testify to those facts only which he knows
of his own knowledge, that is which are derived from
his own perception except where a case is proper one
for the introduction of opinion evidence or calls for a
testimony which falls within the exceptions.

5. Answer must be responsive to the question asked a

non-responsive answer is one that states facts not
called for by the question.

6. Must not call for an illegal answer Where a witness

is prohibited by law from furnishing certain
information, he cannot be compelled to do so by his
answer.

6. Where an answer is partly responsive the

unresponsive matter may be stricken.

7. Question must not call for self incriminating

testimony

8. Answer unresponsive but relevant

8. Question must not be leading.

9. Question must not be misleading
10. Question must not tend to degrade reputation of
witness.
11. Question must not be repetitious.
Form and nature of the answers a witness
1. General answers An answer though general may be
proper. An answer that is too general and not confined
to the issues involved is properly excluded.

7. Answer responsive to part of question

Who may raise objection of lack of responsive?

1. Can be made only by person examining witness; if
the answer is proper evidence the party who is
examining the witness has the right to retain it if he
chooses to do so and it cannot be excluded on the
objection of the adverse party.
What is the remedy when the answer of the witness is
not responsive?
Answer : The remedy by way of a motion to strike out
the objectionable may be availed by the aggrieved
party where the answer of the witness is not responsive
to an objectionable question or where a witness has

volunteered statements in such a way that the party

has not been able to object thereto.
If any testimony appears to be unresponsive and
prejudicial, striking out may be demanded as a matter
of right.
A motion to strike out testimony should specify the
objection as well as the portion of the evidence which is
objected to. A motion to strike out all certain evidence
should not be sustained if a part of the evidence is
relevant and competent.
What is the remedy where the answer of the witness in
incompetent, irrelevant or otherwise improper?
Answer: Court may also order the striking out of
answers which are incompetent, irrelevant or otherwise
improper
When may the testimony of a witness may be given in a
continuous uninterrupted narrative:
1. Where a party is witness is his own counsel
2. When allowed by the trial court in the exercise of its
discretion as in this case of a witness allowed to
describe a transaction from the beginning once his
attention of the court to the objectionable matter and
by a motion to strike it out
Sec 2. Proceedings to be recorded
The entire proceedings of a trial or hearing shall be
recorded not only by short hand or stenotype but also
by other means approved by the court.
Which includes the following

a) Questions propounded to a witness and his answers

thereto
b) Objections to the questions and the ruling of the
court in connection therewith
c) Statements made by the judge or any of the parties,
counsel witnesses with reference to the case.
What is the probative value of the certification of the
official stenographer, stenotypist or recorder?
Answer: Primafacie evidence of its correctness
Sec 3. Rights and Obligations of a witness A witness
must answer questions, although his answer may tend
to establish a claim against him
1. To be protected from irrelevant, improper or
insulting questions and from harsh or insulting
demeanor
2. Not to be detained longer than the interests of
justice require
3. Not to be examined except only as to matters
pertinent to the issue
4. Not give an answer which will tend to subject him to
a penalty for an offense unless otherwise provided by
law
5. Not to give an answer which will tend to degrade his
reputation unless it be to the very fact at issue or to a
fact from which the fact in issue would be presumed.
But a witness must answer to the fact of his previous
final conviction for an offense.
Sec 4 Order in the examination of an individual witness
a) Direct examination by the proponent
b) Cross examination by the ooponent
c) Re-direct examination by the proponent

d) Re-cross examination
Order of the trial shall be as follows:
1. The plaintiff must produce the evidence on his part.
2. The defendant shall then offer evidence in support of
his defence, counterclaim, crossclaim and thirdparty
claim.
3. The third party defendant if any, shall introduce
evidence of his defense, counterclaim, crossclaim and
third party claim.
4. The fourth etc, party if any shall introduce evidence
of the material facts by him pleaded.
5. The parties against whom any counterclaim or
crossclaim has been pleaded shall introduce evidence
in support of their defense, in the order to be
prescribed by the court
6. The parties may then respectively offer rebutting
evidence only unless the court for good reasons in the
furtherance of justice permits them to offer evidence
upon their original case.
7. When the evidence is concluded unless the parties
agree to submit the case without argument the plaintiff
or his counsel may make the opening argument the
defendant the third party defendant and fourth etc.,
party or their respective counsel may follow
successeively and the plaintiff or his counsel may
conclude the argument . Two counsel may if desired be
heard upon each side but in order herein prescribed.
8. If several defendants or third party defendant having
separate defenses appear by different counsel, the
court must determine their a relative order in the
evidence and argument but in any event the plaintiff is
entitle to the opening and closing argument.
State the order of trial in criminal cases

1. Prosecution may present evidence to prove the

charge and in the propert case, the civil liability
2. The accused may present evidence to prove his
defense and damages if any, arising from the issuance
of any provisional remedy in the case
3. The parties may then respectively present rebutting
evidence only, unless the court, in furtherance of
justice, permits them to present additional evidence
bearing upon main issue.
4. Upon admission of the evidence, the case shall be
deemed submitted for decision unless the court directs
the parties to argue orally or to submit memoranda.
5. However, when the accused admits the act or
omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be
modified accordingly.

What is meant by direct examination?

The examination in chief of a witness that is, the initial
examination by the party calling him
What is meant cross examination?
Examination of a witness by the party opposed to the
party who called such witness the latter party having
examined or having been entitled to examine such
witness in chief.
Evidence elicited on cross examination is regarded as
testimony on the part of the party calling the witness,
and not as evidence of the party cross examining.

What is re-direct examination?

After a witness has been cross examined, the next state
in the proceeding is his re-examination by the party
calling. Further interrogation
What is recross examination?
Operation of examining a witness who has finished his
ecamination in chief, cross examination and re direct
examination by the lawyer who cross examined.