Also known as: scope of cross-examination · scope of cross exam · cross-examination scope
Written by attorneys · grounded in primary & secondary sources — see below
The permissible range of topics that may be addressed when cross-examining a witness. Cross-examination is confined to the subject matter of the direct examination and to matters affecting the witness's credibility, although the court may permit additional inquiry in its discretion.
Skylar Sullivan testifies for the prosecution about events at a protest. On cross, defense counsel asks whether Sullivan belongs to a group whose rules require members to lie for one another. The court allows the questions because they target potential bias even though the direct examination covered only the protest events.
Sylvia Santos, a pilot, testifies on direct about aircraft maintenance records. Defense counsel on cross seeks to elicit her opinions about the same records. The court permits the inquiry because the opinions fall within the subject matter opened on direct.
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Seth Shapiro, a cooperating informant, testifies on direct about a drug transaction. Defense counsel on cross asks about promises of leniency the government made to him. The court allows the questions because they bear directly on credibility even though the direct testimony did not mention any deals.
Stella Shapiro testifies against the defendant about a robbery. Defense counsel seeks to cross-examine her about her probation status to show possible bias. The court permits the inquiry because it tests credibility even though the direct examination addressed only the robbery facts.
Simone Sanders testifies as a child victim. The court allows the defendant to cross-examine her directly rather than through a screen. The ruling preserves the opportunity for effective testing of her testimony on the events described on direct.
Selena Singh testifies on direct about a single financial transaction. Counsel on cross begins asking about unrelated personal debts from years earlier. The court sustains an objection because the topics exceed the direct subject matter and do not clearly affect credibility.
Counsel may inquire into the subject matter of the direct examination and into matters affecting the witness's credibility. Any additional topics require the court's permission and then proceed as if on direct examination.
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Yes. When the proposed questions have no apparent connection to the direct testimony or to credibility, the court should sustain the objection to keep the examination within proper bounds.
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Yes. The court must exercise reasonable control over the mode of examination to protect witnesses from undue harassment or embarrassment, even when the questions nominally address bias or qualifications.
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Cross-examination may extend to any matter affecting credibility, including bias or prior conduct that rationally bears on the reliability of the direct testimony, even if the direct examination itself did not mention those facts.
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…that respect. Second, we hold that on the facts of this litigation the District Court abused its discretion in restricting the scope of cross-examination of respondent Rainey by his counsel, and to that extent we affirm the Court of Appeals' judgment. The case is remanded for further proceedings consistent with this opinion. It is so…