CARDINAL RULES ON CROSS EXAMINATION

1. The purpose of cross-examination is to elicit all important facts bearing upon the
issue, issues which are material and relevant to the issue touched upon during
the direct examination or the Judicial Affidavit of the witness.
2. It is also the purpose of cross examination to impeach the witness regarding self-
contradictory statements made by him during the direct examination or any
previous statement whether in writing or orally, which are inconsistent with his
statements given on the witness stand.
3. Cross-examiner is allowed to propound questions only on matters touched upon
during the direct examination or mentioned in the witness’ Judicial Affidavit.
4. Cross-examiner may be allowed to ask questions to the witness even on matters
not touched upon by his direct testimony or mentioned in the Judicial affidavit,
provided the purpose is to elicit answers from the witness that are considered
material and relevant to the issue.
5. Cross-examiner may ask the witness being cross-examined on any material
matter and relevant to the issue for the purpose of testing his credibility, in order
to show bias, motive, interest, lack of memory, religious following or political
color.
6. Never cross examine without a purpose or cross-examine an honest and truthful
witness, nor a witness whose testimony may arouse sympathy from the court.
7. If a witness’ direct testimony or Judicial Affidavit does not hurt your cause, do
not cross examine anymore.

NEIL RYAN R. DECLARO

Law 2E