Best and worst aspects

[8000] This is the fourth chapter on cross-examination. As we have already seen, it is quite possible that when you cross-examine any one witness you may need to draw on a range of skills and techniques. Sometimes you must use documents.

[8005] There are usually three main purposes in cross-examining on documents:

1. Proving a document that you want to tender.

2. Proving a fact in a document, without necessarily tendering it.

3. Using a document to discredit a witness.

[8010] The rules of cross-examination on documents are complex and technical. It can be a minefield. At worst, an inadmissible prejudicial document can be tendered as real evidence against your client. At best, the cross-examination of a witness on a document can turn a difficult case totally your way.

[8015] The purpose of this chapter is to examine some of the tricky aspects of cross-examination on documents. The first part contains many of the main rules. The second part covers how to avoid some of the main traps. The third part is how to cross-examine on a document to your advantage. The second and third aspects are in addition to the techniques set out in the previous chapters.

Some rules

[8020] Queen's Case still has some application. Queen Caroline was accused of adultery. The Lords held that during the cross-examination of a witness about an earlier statement in writing, the document must be shown to the witness and put into evidence by the cross-examiner.