Testimony

Cross-examination aims to put forward the opponent’s case, elicit facts favorable to the other side, and undermine credibility.

The defense’s case should be put to the other side’s witnesses to provide them with the opportunity to deny it. If this isn’t done, it may be excluded or the witness may be recalled. The purpose is to enable a witness to address contradictory versions of events that may later emerge.

One purpose of cross-examination is to undermine the credibility of a witness. Where answers relate to credibility, they generally cannot be contradicted by further evidence, except in very limited circumstances.

A person can be asked about their honesty and credibility, and their answers can be contradicted by other evidence. Questions may probe a person’s honesty or reliability regarding the facts in issue. Memory, distance from the event, character, or instances of dishonesty where a person has lied, fantasized, or contradicted themselves in the past can be inquired about.

Answers given are generally final unless medical evidence is provided to demonstrate mental incapacity in distinguishing fact from fiction. Evidence of a witness’s reputation for dishonesty can be provided if believed by the impeaching witness from personal experience or by evidence of an unspent criminal conviction that relates to honesty.

A person’s bias, prejudice, or impartiality concerning other parties or matters can be explored. Motives favoring one party can be exposed.

Inconsistent statements made by a witness in the past can undermine their consistency. If a person does not admit to a previous statement, it may be proved, but the witness must first be informed of the statement and when it was made. If the statement is in writing, the witness must be directed to the contradicting passages, and the court should demand to see it if the cross-examiner intends to prove it.

After cross-examination, the party calling the witness may ask further questions to explain, qualify, or add to matters arising during cross-examination or to correct a false impression. If questions about bad character arise, evidence of good character may be elicited.

The Judge maintains control over the proceedings and counsel conduct. The Judge may intervene to exclude irrelevant and inadmissible evidence and may ask questions for clarification. Maps, diagrams, and photographs may be admitted as evidence if the other parties have been allowed to inspect them at least two weeks before the trial, or unless the Judge orders otherwise.

An application to produce such documents without prior disclosure should be made on affidavit, stating their relevance and reasons for non-disclosure. An unclear drawing or photograph is admissible unless required to be proved by the other party. The Court may admit it if the author cannot attend.

Opinion evidence is generally only allowed from experts. A person’s opinion expressed as a judgment or verdict may not be allowed as it might usurp the Court’s role in the matter at issue.

For a County Court in Northern Ireland, parties typically disclose and agree on medical reports in advance. Usually, parties can only call two medical experts and one expert of another kind to provide oral evidence at a trial. A disclosed medical report is admissible unless the other party requests the expert’s attendance.

Parties usually aim to agree on the exchange of reports and their use as evidence where possible. In medical matters, evidence should be limited to the matters in the report. Doctors may be led to give hearsay regarding the accident’s history and treatment by other doctors in practice. The Court may appoint an assessor or refer matters to an arbitrator, Court officer, or referee.

Foreign law is proved by an expert. However, in Northern Ireland, Courts may recognize the laws of England and Wales and the Republic of Ireland. County Courts may state facts for a superior Court in a dominion or the Republic of Ireland to certify its opinion on the State’s law.

Copies of statutes of dominions and the Republic of Ireland are admissible. EU law is determined by the Court in accordance with the decisions of the European Court.