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Witness Examination at Trial

·

By

ACL

The short answer

Each witness is examined first by the side that called them (direct examination) and then by the other side (cross-examination). Different rules apply to each.

Where it fits in your case

During each side’s presentation of evidence.

What to expect

  • Direct uses open, non-leading questions.

  • Cross may use leading questions and is generally limited to topics raised on direct.

  • Adverse and hostile witnesses, including the opposing party, may be questioned with leading questions.

  • Refreshing and impeachment. A document can refresh a witness’s memory, and prior inconsistent statements, such as deposition answers, can be used to challenge credibility.

What we need from you

Help identifying documents and prior statements that support or contradict each witness.

Common misconceptions

  • “Cross-examination is about winning arguments.” It is about controlled, short questions.

  • “A witness can’t change their story.” They can, but prior statements may be used to impeach them.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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© 2026 Allison Cho Law LLC. All rights reserved.

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