What is cross-examination?

‘Cross-examination’ is when you are asked questions by the other party (or their lawyer) to:

• ‘test' your evidence
• get evidence you did not provide.

Here are some useful tips:

• Listen carefully to the whole question. Think about it, then answer.
• Don’t offer more detail than is necessary ­— it’s okay to say ‘yes’ or ‘no’ if that’s all you need to say.
• Don’t try to answer other questions you think ‘might’ or ‘should’ be asked. Don’t offer an opinion about the case.
• Answer each question truthfully and to the best of your memory. If you don’t remember something, or your memory is not good, you can say so.
• If you don’t hear the whole question, you can ask for it to be repeated.
• If you can’t understand a question, you can say so. The person questioning you should then try to ask it differently.
• Don’t argue with the person questioning you. Don’t cross-examine and question them yourself.
• Your evidence is recorded through the microphone in front of you, so please speak clearly. Gestures such as nodding your head are not recorded.
• Take a copy of your affidavit with you, but don’t read or open it unless you’re asked to.
• If you are feeling distressed or tired and would like a break for a few minutes, ask the Magistrate.