What is cross examination in a personal injury matter?

When a Plaintiff commences Court proceedings in a personal injury matter, it is often the case that the matter resolves before a full hearing before a Judge.

At times however, a matter does need to proceed to a full hearing and a Plaintiff will be required to give evidence.

In New South Wales, cross examination is a fundamental part of the legal process and occurs within Court rooms. Cross-examination follows the direct examination of a witness and is conducted by the opposing party’s legal representative. – in other words, the other sides lawyer or barrister.

Below are some key points around cross examination in personal injury legal proceedings and rules that apply: -

1.      Purpose and Goal

·         Testing Credibility. One of the primary purposes of cross-examination is to test the credibility of the witness. Lawyers aim to uncover inconsistencies, biases, or other factors that may affect the reliability of the witness's evidence.

·         Highlighting Contradictions. Lawyers use cross examination to highlight any contradictions between the witness's current evidence and their previous statements or other evidence in the case.

2.      Conducted by the Opposing Legal Team

·         The party that did not call the witness to give evidence is the one that conducts the cross examination. For example, if the Plaintiff’s legal team call a witness to give evidence, it will be the Defendant’s legal representative conducting the cross examination.

3.      Limited Scope

·         In Australia, the scope of cross-examination is generally limited to matters that were addressed during the direct examination (known as “examination in chief”). However, there may be some flexibility to explore related issues that are relevant to the case.

4.      Adherence to Rules of Evidence

·         Cross examination must adhere to rules of evidence, ensuring that questions are relevant, not misleading, and fall within acceptable legal boundaries. The rules vary between jurisdictions, and there may be specific court rules or legislation that govern the conduct of cross-examination.

5.      Protection of Witnesses

·         In some cases, the court may intervene to protect witnesses from inappropriate or intimidating questioning. The judge may sustain objections raised by the opposing legal team or intervene to prevent improper cross-examination.

6.      Re-examination

·         At the conclusion of cross examination, if there are any matters that need to be further explained, the legal team who called the witness can ask some further questions to clarify any issues raised during the cross examination.

Overall, the objective of cross examination in personal injury matters, as in many legal systems, is to contribute to the exploration of evidence and testing of the evidence presented in a case.

If you have any questions around cross examination or a personal injury matter, reach out to our friendly team.