There in bar to lawyer asking questions slowly to respondent
2) you cannot ask for questions in written form
Cross Examination
I'm facing divorce & RCR cases now. MC case got over last year. The opposite party's lawyer used a cunning and distractive method of asking a question extremely slowly (at 0.20x speed approx). By the time he completes the sentence, the examinee gets exhausted as his brain automatically analyzes the meaning of every word in that sentence, especially when you're in hotseat. Asking the same questions in normal speed doesn't exhaust us. Have anyone noticed this kind of weird trick by lawyers? My question is: Does the court allow this kind of behavior by cross-examining lawyers? What option do I have to object to this kind of tactic? Can I ask the questionnaire in written form?
Asked 4 years ago in Family Law
Religion: Hindu
19 Answers
You have to answer in the same form and do not elaborate your answer.
If he ask the specific answer from you than be prepare to give diplomatic answer to each question in the same manner he ask.
or just provide you answer in yes, or no or hun... haa... etc
There is no formula or method to ask a question in cross examination as long as the same is not intimidating and abusive.
It appears you are having some problem to cross-expatiation for which you alone will have the ready to redress.
Keep your calm and reply judiciously.
Good luck.
Often, it's a long question with two different but connected statements (of which one part is true, and the other part is false) By the time he completes the question, it's tough for me to reconstruct the entire question in the mind and answer it.
Asked 4 years ago
You can ask lawyer to repeat the question if you are unable to understand it
You have every right to reply with regard to one part of the same question and differently with another part of the same.
Than keep you sentence short in the first frame of his cross questions and prepare answer in your favor. aNd only talk positively of yourself never ever talk negative of yourself nor wife.
You should ask him what he meant by his question. Tell your version of the question and ask if asked this or not?
Tactics are used by lawyers.
Explain your situation to your lawyer and judge. He will repeat his question and this time it will be shorter.
No you can't ask the questionnaire. Cross examination is always an element of surprise. You can report the speed to court. It will ask him to behave properly
See questionnaire in written form is not allowed . The lawyer on his will can cross examine the court cannot direct and there is no such law to direct lawyers to ask question slow or fast.
Even you object he can argue before court that he need to frame questions as cross.examination is just after examination in chief and also ask clearly. Also stennographer needs to type the cross so they ask slowly.
You can ask him to repeat the question for clearity.
1. you can ask for the clarification of the question unlimited tile until you understand the question,
2. each and every lawyer has it's own way of practice and the above-mentined way cannot be prohibited/questioned,
You also respond with same pace. If you got irritated, lawyer will also get frustrate.
Cross examination done orally not written.
If ask long question tell him to repeat. You can take your time. You should retaliate in same way. Than court will take charge and will direct for short questioning.
- As per Supreme Court, if the witnesses get threatened or are forced to give false evidence it would not result in a fair trial.
- Hence, being a witness , you are having the following rights:
1. Right to a secure waiting place while at Court proceedings
2. Right to information of the status of the case
3. Right to be treated with compassion and dignity
4. Right to protection from harm and intimidation
5. Right to provide evidence while remaining anonymous
6. Right to refuse testimony , if the cross examinations are not fair
7. Right to testify in a language familiar to the witness
8. Right to the presence of an interpreter
9. Right to legal assistance
10. Right to witness fees for any expenses incurred
- Hence, Court cannot allow this kind of behavior by cross-examining lawyers
- If you are facing problems , then you should raise the issue before the Court without any fear , and further you can refuse the questions asked by the said lawyer as well.
- But, there is not rule , to provide questions in advance to the witness.
Good luck and dont forget to rating Positively.
1. If he puts his questions in a weird way then ask your Advocate to raise objection for his said trick.
2. You can not ask for his set of questions to be asked to you in advance since all the questions for the cross examination can not be pre-decided.
1. Ask your lawyer to raise objection for such type of cross examination when the examinee forgets the first part of the question by the time the second part of the question is over.
2. Wait for his completing the question without being nervous and ask the Judge to direct the other side lawyer to repeat it fast.
3. Answer the question only after he finishes it and you understand the question.
you can certainly request that the lawyer repeat the question.
You can ask the lawyer to repeat the question in case you do not understand the same owing to the circumstances you describe.
Whereas you cannot force the lawyer to cross examine you in the maner you may desire or you cannot expect him to talk in the manner that would be comfortable to you.
You should understand the question and give suitable answers.
If you are not at fault then any question asked in any manner should not distract your attention neither it would be detrimental to the answers that you may give.
Legally you cannot do anything to calm down your frustrations in this regard.
The lawyers are famous for shooting the questions in a tricky manner so that they can extract contradictions in order to win their case.
It is for you to be careful about it by understanding the question clearly and give your reply whichever is genuine as per you.