Re-Examination in Trial Advocacy: Objectives and Techniques
Explore the statutory basis, objectives, and techniques of re-examination in trial advocacy. Understand the importance of clarifying unclear points, introducing new facts, and strategically approaching re-examination to enhance the examination perspective.
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Presentation Transcript
TRIAL ADVOCACY (ATP 104) RE-EXAMINATION Justus Munyithya Advocate Principal Lecturer
Critical issues. Meaning; Statutory basis; Objectives; Techniques.
Meaning Questioning witness again, after cross- examination by the opposing counsel or party. one's own
What is the statutory basis? Section 146 of The Evidence Act provides for the order for Examination. Section 146 (3) directs: The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the court, introduced in re-examination, adverse party may examine upon that matter. the further cross-
Statutory basis Cont. Section prohibits leading questions. Section 302 Procedure Code provides for the order of examination. 150 0f Evidence Act of Criminal
What are the Objectives? Putting Examination Perspective. Repairing the damage caused by cross-examination. Clarify unclear points. New Facts in of Cross- favorable a
What are the techniques? Restrict yourself to issues raised during cross-exam. Portray cross-exam as misleading. Don t re-examine for the sake of it. It must be targeted. Seek clarifications from the witness on new matters before embarking on re-examination.
