WA CROSS-EXAMINATION & NEW EVIDENCE

Discussion in 'Other/General Law Forum' started by SP3, 9 October 2019 at 12:02 AM.

  1. SP3

    SP3 Well-Known Member

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    Hi,
    In a Civil trial when doing a cross-examination of a witness, are you permitted to tender new evidence at that time?
     
  2. SaulGoodman

    SaulGoodman Well-Known Member

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    Is it to prove a prior inconsistent statement or something else?
     
  3. SP3

    SP3 Well-Known Member

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    hI,
    The situation is a proposed crossexamination of an expert witness . I propose to tender new evidence at the time of the cross examination that will caste doubt on the witnesses' compliance with the expert witness code of conduct.
     
  4. SaulGoodman

    SaulGoodman Well-Known Member

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    I assume the expert has furnished a report of some kind that states something to the effect that the expert report complies with the code that you are referring to? If that is the case you would be able to put your various contentions to the witness without needing to tender the code itself. A great lecture on cross-examination is available on Youtube, it is called the Ten Commandments of Cross-Examination by Irving Younger. I'd suggest you watch that, gives some great practical tips.
     
  5. SP3

    SP3 Well-Known Member

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    Thank you fore your reply and i will have a look at the youtube video.
    In addition to the code of conduct i have emails that indicate the expert witness is acting as an advocate for his client, the defendant. Can i tender these emails as evidence at the cross examination?
     
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