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Murphy on Evidence

Murphy on Evidence (15th edn)

Richard Glover
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date: 12 October 2024

p. 2468. Cross-examination and beyondlocked

p. 2468. Cross-examination and beyondlocked

  • Richard GloverRichard GloverSenior Lecturer, School of Law, University of Wolverhampton

Abstract

Cross-examination is the process of challenging the evidence of a witness called on behalf of another party, and was described by Wigmore as ‘the greatest legal engine ever invented for the discovery of truth’. Any witness who has taken the oath becomes liable to cross-examination by any other party. This chapter discusses the general principles of cross-examination (including the effect of an omission to cross-examine, and restrictions and limitations), cross-examination as to credit and an explanation of what constitutes collateral matters, and cross-examination on documents (and the potential effect of this on the admissibility of those documents). The re-examination of witnesses that may follow cross-examination is also considered along with the calling of evidence in rebuttal and a judge’s power to call witnesses.

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