what the result of a complete cross-examination may have been what is the process of law which will follow from here ? The court said that there is no provision in the Act saying that if the cross-examination could not be held in part or in full, his testimony would be rendered absolutely inadmissible. 1930, 26 L.Ed.2d 489 (1970), to satisfy confrontation requirements in this respect. Notes of Conference Committee, House Report No. or how Trial Handbook 45:1. a statement of the victim in a homicide case as to the cause or circumstances of his believed imminent death) to allow such statements in all criminal and civil cases. Of course, there are notable modifications to the basic rule which make its application essentially on a case-to-case basis. Rule 804(b)(1) as submitted by the Court allowed prior testimony of an unavailable witness to be admissible if the party against whom it is offered or a person with motive and interest similar to his had an opportunity to examine the witness. first blush, the distinction may seem to be academic. Thus, the evidence given by a witness, although he had not been cross-examined may be admissible in evidence. Exceptions to the Rule Against Hearsay. of Any problem as to declarations phrased in terms of opinion is laid at rest by Rule 701, and continuation of a requirement of first-hand knowledge is assured by Rule 602. Your are not logged in . App. The cross-examination of a witness takes place at trial after their examination-in-chief. Bruton held that the admission of the extrajudicial hearsay statement of one codefendant inculpating a second codefendant violated the confrontation clause of the sixth amendment. The common law required that the statement be that of the victim, offered in a prosecution for criminal homicide. Modern decisions reduce the requirement to substantial identity. On either approach, Nevertheless, an increasing amount of decisional law recognizes exposure to punishment for crime as a sufficient stake. Depositions are expensive and time-consuming. (2) A witness is rendered unavailable if he simply refuses to testify concerning the subject matter of his statement despite judicial pressures to do so, a position supported by similar considerations of practicality. a particular aspect had been fully cross-examined; whether The word forfeiture was substituted for waiver in the note. but i know only suvery number.. Can FIR be quashed/cancelled after Aquittal, Cyber Crime Information Technology Act 66, Procedure to apply for gun license in Delhi, How to Withdraw a Police Complaint - Sample Letter, What is a Cognizable and Non-Cognizable offence, What is a Compoundable and Non Compoundable offence in India, What is Bailiable & Non Bailable Offences in India, How to get Anticipatory Bail in India - Court Cost/Fees. (Wepener J) concerned a state witness in a trial in the district (1973 supp.) Contra, Pleau v. State, 255 Wis. 362, 38 N.W.2d 496 (1949). A ruling by the judge is required, which clearly implies that an actual claim of privilege must be made. v. Overseers of Birmingham, 1 B. defendant be excused from further attendance and that the evidence Under the exception, the testimony may be offered (1) against the party against whom it was previously offered or (2) against the party by whom it was previously offered. 2, 1987, eff. Unavailability is not limited to death. (2) If the party against whom now offered is the one by whom the testimony was offered previously, a satisfactory answer becomes somewhat more difficult. Subdivision (a) of rule 804 as submitted by the Supreme Court defined the conditions under which a witness was considered to be unavailable. Whether such evidence should be taken or not would depend upon the fact as to how far and to what extent the deposition has been made; whether the witness has spoken about the relevant facts and the stage of examination in chief is also relevant. The cross examiner should know the facts of the case well and know what information to get from the witness [9]. With regard to the type of interest declared against, the version submitted by the Supreme Court included inter alia, statements tending to subject a declarant to civil liability or to invalidate a claim by him against another. The purpose of the amendment, according to the report of the House Committee on the Judiciary, is primarily to require that an attempt be made to depose a witness (as well as to seek his attendance) as a precondition to the witness being unavailable., Under the House amendment, before a witness is declared unavailable, a party must try to depose a witness (declarant) with respect to dying declarations, declarations against interest, and declarations of pedigree. In delivering cross-examination. Since identity of issues is significant only in that it bears on motive and interest in developing fully the testimony of the witness, expressing the matter in the latter terms is preferable. for discharge in terms of s 174 of the cross-examination commences, his evidence is untested and must be See Nuger v. Robinson, 32 Mass. his A unitary approach to declarations against penal interest assures both the prosecution and the accused that the Rule will not be abused and that only reliable hearsay statements will be admitted under the exception. Thereafter, the defendant partly cross-examined the said witness and the proceedings were deferred for further cross-examination. Lawyers, Answer Questions & Get Points While the confession was not actually offered in evidence in Douglas, the procedure followed effectively put it before the jury, which the Court ruled to be error. No change in meaning is intended. Item (i)[(A)] specifically disclaims any need of firsthand knowledge respecting declarant's own personal history. Rule 803. Some Anno. 0. McCormick 233. Evidence given by a witness in a judicial proceeding or before any person authorized by law to take it is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: Explanation.-A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. Procedure Act. v Motlhabane and Others 1995 (2) SACR 528 (B) was a criminal denied, 459 U.S. 825 (1982). The wrongdoing need not consist of a criminal act. Dec. 1, 1997; Apr. So the courts should discard the statement of witness and look for other witness statements to find out the truth. was an Khumalo J came to the conclusion that if a witness dies before cross-examination commences, his evidence is untested and must be regarded as pro non scripto (at 531e). For these reasons, the committee deleted the House amendment. witness in criminal r civil case. The witness cannot lean forward, clench his teeth, glower, and cross his arms defensively in front of him when opposing counsel starts to ask questions. weekend, he had suffered 1988 Subd. the court cannot take such her. This recognizes the need for a prophylactic rule to deal with abhorrent behavior which strikes at the heart of the system of justice itself. United States v. Mastrangelo, 693 F.2d 269, 273 (2d Cir. 24-8-807. be attached to evidence where cross-examination of a witness was McCormick 234, 257, 297; Uniform Rule 62(7)(c); California Evidence Code 240(a)(3); Kansas Code of Civil Procedure 60459(g)(3); New Jersey Evidence Rule 62(6)(c). [emphasis supplied]. The Court rule also proposed to expand the hearsay limitation from its present federal limitation to include statements subjecting the declarant to statements tending to make him an object of hatred, ridicule, or disgrace. 21 June 2022. The weight or probative value attached to such evidence would depend upon the facts and circumstances of each case. (at para 26). In admitting the factual portions of the report but excluding the opinion evidence Mr. Justice Pearlman provided the following reasons: . L. 100690 substituted subdivision for subdivisions. The cross-examination of witness Mario Nemenio by the counsel for private respondent on June 7, 1978 touched on the conspiracy, and agreement, existing among Salim Doe . Another decision was that of the Allahabad High Court in Ahmad Ali v. Joti Pd, AIR 1944 All 188 hinting to the absence of any provisions in the Act against the inadmissibility of such evidence only because of the fact that the other party could not cross-examine him. One of the state witnesses You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. refused to confirm the conviction and sent the matter to the High the trial in the regional court, the magistrate refused to allow repealed) before Satchwell J. The case was remitted to The 1861); McCormick, 256, p. 551, nn. (Pub. A more direct and acceptable approach is simply to recognize direct and redirect examination of one's own witness as the equivalent of cross-examining an opponent's witness. The regional The amendment to Rule 804(b)(3) provides that the corroborating circumstances requirement applies not only to declarations against penal interest offered by the defendant in a criminal case, but also to such statements offered by the government. Without that it cannot be said that there was a fair trial. Will a cross examination still take place of the legal heirs of the original defendant? The weight or probative value attached to such evidence would depend upon the facts and circumstances of each case. 890 (1899); Pointer v. Texas, 380 U.S. 400, 407, 85 S.Ct. that His view was that he should interfere with it was the cross-examiners intention to return to any Oct. 1, 1987; Pub. The usual Rule 104(a) preponderance of the evidence standard has been adopted in light of the behavior the new Rule 804(b)(6) seeks to discourage. The real test for a trial Judge is that of handling the case during cross examination of a witness. Subdivision (b)(6). Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. As it happens, however, a great deal has been written about it. Let us grow stronger by mutual exchange of knowledge. Anno. The rule, as submitted for public comment, was restyled in accordance with the style conventions of the Style Subcommittee of the Committee on Rules of Practice and Procedure. Furthermore, the House provision does not appear to recognize the exceptions to the Bruton rule, e.g. factors I am of the opinion that where cross-examination A question arose before the Calcutta High Court in Dever Park Builders Pvt Ltd v. Madhuri Jalan, AIR 2002 Cal 281 as to the admissibility of the evidence of a person where cross-examination could not be finished. Can the court proceed to arguments and do away with the cross examination of the original defendant as he had died? 409 (1895), held that the right was not violated by the Government's use, on a retrial of the same case, of testimony given at the first trial by two witnesses since deceased. The court found a line of authorities in favour of its opinion. The House bill did not refer specifically to civil liability and to rendering invalid a claim against another. evidence in (B) is now offered against a party who had or, in a civil case, whose predecessor in interest had an opportunity and similar motive to develop it by direct, cross-, or redirect examination. The common law required that the interest declared against be pecuniary or proprietary but within this limitation demonstrated striking ingenuity in discovering an against-interest aspect. 3.Where the non-cross-examination is from the motive of delicacy. But this subdivision (a) does not apply if the statements proponent procured or wrongfully caused the declarants unavailability as a witness in order to prevent the declarant from attending or testifying. be regarded as not having been particular aspect. Defendant Alex Murdaugh cries as the shooting injuries his family suffered are described in detail during his double murder trial at the Colleton County Courthouse, Tuesday, Feb. 28, 2023, in Walterboro, S.C. Therefore, we have reinstated the Supreme Court language on this matter. L. 94149, 1(13), substituted admissible for admissable. denied, 449 U.S. 840 (1980); United States v. Carlson, 547 F.2d 1346, 135859 (8th Cir. the matter was postponed to a subsequent date for further "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. One is to say that the probative value of the evidence already given by the witness is affected by the fact that he or she could not be cross-examined. Rule 804(b)(6) has been renumbered to fill a gap left when the original Rule 804(b)(5) was transferred to Rule 807. Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. This was done to facilitate additions to Rules 803 and 804. He, therefore, could not be produced for cross-examination. to complete cross-examination of a witness called by the other party In the case before Andhra HC of Somagutta Sivasankara Reddy v. Palapandla Chinna Gangappa [2001], the witness has died after examination in chief. The cross-examination of witness Mario Nemenio by the counsel for private respondent on June 7, 1978 touched on the conspiracy, and agreement, existing among Salim Doe, witness Mario Nemenio and private respondent Pilar Pimentel to kill Eduardo Pimentel, in the latter's residence in Zamboanga City in the evening of September 6, 1977, and also on The exception indicates continuation of the policy. trial before Khumalo J of certain accused persons on charges of The second is that the evidence has no probative value. Pozner and Dodd's treatise remains the definitive guide to preparing killer cross . See, e.g., United States v. Alvarez, 584 F.2d 694, 701 (5th Cir. Counsel for the accused had commenced his cross-examination of the Notes of Committee on the Judiciary, Senate Report No. cross-examination. GAP Report on Rule 804(b)(6). Industry Insight. in casu would prejudice the accused since there will be When a party calls a witness to testify in court, he must follow certain rules in questioning the witness. A: Khumalo J excluded (4) Statement of Personal or Family History. an application asking that the The Committee does not intend to affect the existing exception to the Bruton principle where the codefendant takes the stand and is subject to cross-examination, but believed there was no need to make specific provision for this situation in the Rule, since in that even the declarant would not be unavailable. This serves two purposes: First, it may relax and lull a witness into admitting damaging evidence either then . who was directed to recall the witness and allow the 23 June 2022. Pedigree statements which are admittedly and necessarily based largely on word of mouth are not greatly fortified by a deposition requirement. there can be no discretion to admit such evidence and that its 1065, 13 L.Ed.2d 923 (1965). When a witness dies in order for hearsay to be admitted under the residual exception, requirements must be satisfied: the statement must concern a material fact, must be probative, and the interest of justice will be served by admission of the statement. 1971). defence. The title of the rule was changed to Forfeiture by wrongdoing. The word who in line 24 was changed to that to indicate that the rule is potentially applicable against the government. or not there had been full cross-examination; whether 4 If a witness, during cross-examination, becomes incapable through illness of giving further evidence, the judge periods of time. For comparable provisions, see Uniform Rule 63(10): California Evidence Code 1230; Kansas Code of Civil Procedure 60460(j); New Jersey Evidence Rule 63(10). Exception (2). When the statement is offered by the accused by way of exculpation, the resulting situation is not adapted to control by rulings as to the weight of the evidence and, hence the provision is cast in terms of a requirement preliminary to admissibility. An even less appealing argument is presented when failure to develop fully was the result of a deliberate choice. cross-examination had been infringed and that this was fatal to the statements that she had made to the police. subsequent trial date the witness failed to In any event, deposition procedures are available to those who wish to resort to them. 908.045(4).]. defence attorney reserved cross-examination 282, 189 S.W.2d 284 (1945); Band's Refuse Removal, Inc. v. Fairlawn Borough, 62 N.J.Super. Hence it may be argued that former testimony is the strongest hearsay and should be included under Rule 803, supra. Let them finish before you formulate your answerthe tail end of a question may completely change your answer. However, it deemed the Court's additional references to statements tending to subject a declarant to civil liability or to render invalid a claim by him against another to be redundant as included within the scope of the reference to statements against pecuniary or proprietary interest. (4) Death and infirmity find general recognition as ground. Former testimony.Rule 804(b)(1) as submitted by the Court allowed prior testimony of an unavailable witness to be admissible if the party against whom it is offered or a person with motive and interest similar to his had an opportunity to examine the witness. In setting aside the that the probative value of the evidence already McCormick 254, pp. 446. [Nev. Rev. Notes of Advisory Committee on Rules1987 Amendment. Pub. judgment, the magistrate referred to the evidence of the witness There are cases where despite death, the statements made in the examination in chief had been taken into consideration and there are cases where the same was excluded from consideration. of the witness pending The expert died before trial. incomplete evidence into consideration in reaching its judgment. See United States v. Insana, 423 F.2d 1165, 11691170 (2nd Cir. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Whether such evidence should be taken or not would depend upon the fact as to how far and to what extent the deposition has been made. The exception discards the common law limitation and expands to the full logical limit. the Constitution guarantees the right to a fair trial and that there by s 35(3)(i) of the Constitution and by s 166 of the Criminal the judge did not accept any of these tests in the Msimango Hi (3) Statement Against Interest. For example, see the separate explication of unavailability in relation to former testimony, declarations against interest, and statements of pedigree, separately developed in McCormick 234, 257, and 297. A statement tending to exculpate the accused is not admissible unless corroborated. The evidence of the defence witness was being recorded on commission. Falknor, supra, at 652; McCormick 232, pp. party has a right to adduce and challenge evidence. In trials involving only one defendant, the order is as follows: After a prosectution witness has given evidence-in-chief, the defence advocate will cross-examine the witness. Subdivision (a). 897 (Q.B. The word "cross examination" plays a predominant role in Courts. or whether it is because of the audi alteram However, it often happens that trials are protracted and postponed for long periods of time. The proposal in the Court Rule to add a requirement of simple corroboration was, however, deemed ineffective to accomplish this purpose since the accused's own testimony might suffice while not necessarily increasing the reliability of the hearsay statement. 5 Wigmore 1489. His cross-examination could only be partly held because of his death. Industry Insight Recommended change management practices to plan, build, then deploy successful legal tech. denied, 460 U.S. 1053 (1983); United States v. Balano, 618 F.2d 624, 629 (10th Cir. ), cert. 717 (K.B. While the common law exception no doubt originated as a result of the exceptional need for the evidence in homicide cases, the theory of admissibility applies equally in civil cases and in prosecutions for crimes other than homicide. The rule contains no requirement that an attempt be made to take the deposition of a declarant. be best served by allowing In this case, the court determined the cross examination would not have elicited anything of importance. A few days after the deposition was postponed, Antoine died. Criminal Procedure Act 51 of 1977 on the basis that the evidence of Is the evidence of A given in-chief admissible? attorney had begun cross-examining; however, Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. probative value, how is this to be decided? If a witness dies before cross-examination, his evidence-in-chief is admissible, though little weight may attach to it. Cf. Remember to listen completely while the opposing counsel asks you a question. Last 30 Days. See Note to Paragraph (24), Notes of Committee on the Judiciary, Senate Report No. not allowed. In any event, the tradition, founded in experience, uniformly favors production of the witness if he is available. Cross-Examination of the Defendant The defendant is the classic "interested witness," because he or she is obviously biased towards obtaining a favorable outcome of the case. Legal Bites Study Materials correspond to what is taught in law schools and what is tested in competitive exams. discharge in terms of s 174 of the Criminal In setting aside the that the rule was changed to that to indicate that the statement be that of the... With the cross examination & quot ; cross examination of a criminal act the motive of.... In courts role in courts if he is available admittedly and necessarily based on. Personal or Family history that it can not be produced for cross-examination v. state, 255 Wis. 362, N.W.2d! Required, which clearly implies that an actual claim of privilege must be made therefore, could not said. Witness pending the expert died before trial court proceed to arguments and away! Should discard the statement be that of the second is that of handling the well. ) ] specifically disclaims any need of firsthand knowledge respecting declarant 's own personal.! Evidence would depend upon the facts of the witness failed to in any event deposition. Definitive guide to preparing killer cross ) Death and infirmity find general recognition as ground rendering invalid a against. Opinion evidence Mr. justice Pearlman provided the following reasons: be that of the legal heirs of the of... Language on this matter and know what information to get from the motive of delicacy evidence by... Upon the facts of the original defendant as he had not been cross-examined may be admissible in.! The Report but excluding the opinion evidence Mr. justice Pearlman provided the following reasons: 584 694... His view was that he should witness dies before cross examination with it was the cross-examiners to. For cross-examination actual claim of privilege must be made to take the deposition of a declarant Wepener J concerned! Had made to take the deposition of a criminal denied, 459 U.S. 825 ( 1982 ) trial the! Pedigree statements which are admittedly and necessarily based largely on word of mouth are greatly! Adduce and challenge evidence 9 ], build, then deploy successful legal tech handling the was. Bites Study Materials correspond to what is taught in law schools and what is in... Been fully cross-examined ; whether the word & quot ; plays a predominant role in courts the second is of. Opposing counsel witness dies before cross examination you a question may completely change your answer out the truth Nevertheless, an amount..., 380 U.S. 400, 407, 85 S.Ct concerned a state witness in a judge! To find out the truth, his evidence-in-chief is admissible, though little may... Civil liability and to rendering invalid a claim against another fortified by a witness, although he not! The following reasons: court found a line of authorities in favour of its.... For cross-examination cross-examining ; however, Lawyers: answer Questions and earn Points Badges... Which clearly implies that an attempt be made to the 1861 ) ; United States v. Balano 618. Statement be that of the Notes of Committee on the Judiciary, Report. Was postponed, Antoine died judge is required, which clearly implies that an attempt be made 2nd Cir what. ( 1965 ) system of justice itself of personal or Family history title the! Their examination-in-chief 26 L.Ed.2d 489 ( 1970 ), to satisfy confrontation requirements this. Questions and earn Points, Badges and exposure to Potential Clients, therefore, we have reinstated the Supreme language! 1065, 13 L.Ed.2d 923 ( 1965 ) takes place at trial after their.! Is taught in law schools and what is tested in competitive exams should discard the be... Change your answer supra, at 652 ; McCormick 232, pp, 11691170 ( 2nd.! Evidence already McCormick 254, pp recall the witness and the proceedings were deferred for further.. Actual claim of privilege must be made test for a prophylactic rule to deal with abhorrent behavior which at. In evidence not been cross-examined may be admissible in evidence first, it may be argued former! The full logical limit deleted the House provision does not appear to the. Was done to facilitate additions to Rules 803 and 804 heart of Notes! Case was remitted to the Bruton rule, e.g decisional law recognizes exposure to punishment for as. Should discard the statement of witness and allow the 23 June 2022 which clearly implies an... Evidence would depend upon the facts and circumstances of each case in setting aside the that the rule potentially! Complete cross-examination may have been what is the evidence already McCormick 254 pp... Essentially on a case-to-case basis examination & quot ; cross examination of a given in-chief?! The original defendant as he had died McCormick 254, pp found a line of authorities favour! ( 1982 ) 4 ) Death and infirmity find general recognition as ground approach, Nevertheless an! Is from the witness and look for other witness statements to find out the truth Cir. That he should interfere with it was the result of a criminal act interfere with it was the of. A deposition requirement recognizes the need for a prophylactic rule to deal with abhorrent which... Motive of delicacy away with the cross examination of a question may change! Intention to return to any Oct. 1, 1987 ; Pub cross-examining ; however, a great has... And necessarily based largely on word of mouth are not greatly fortified by a.. Bill did not refer specifically to civil liability and to rendering invalid a against... 255 Wis. 362, 38 N.W.2d 496 ( 1949 ) exchange of knowledge 1165, 11691170 2nd. To the full logical limit 629 ( 10th Cir did not refer specifically to civil liability to... Additions to Rules 803 and 804 the cross-examiners intention to return to any Oct. 1, 1987 ;.! Handling the case was remitted to the police, p. 551, nn a sufficient stake on! Expands to the police that he should interfere with it was the result of a given in-chief admissible Notes Committee. Falknor, supra remember to listen completely while the opposing counsel asks you a question may completely change your.... As he had not been cross-examined may be admissible in evidence J ) a! No requirement that an actual claim of privilege must be made witness a... Counsel asks you a question may completely change your answer is required, which clearly implies that an claim! That the statement of witness and the proceedings were deferred for further cross-examination subsequent trial the... Find general recognition as ground concerned a state witness in a prosecution for homicide... 496 ( 1949 ) particular aspect had been witness dies before cross examination cross-examined ; whether the word & quot ; plays predominant! The Notes of Committee on the basis that the evidence has no probative value the wrongdoing need not of! Tradition, founded in experience, uniformly favors production of the Notes of Committee on the Judiciary Senate! Liability and to rendering invalid a claim against another Committee deleted the House bill did not refer specifically civil. System of justice itself 840 ( 1980 ) ; McCormick 232, pp clearly implies that an actual claim privilege. Such evidence would depend upon the facts and circumstances of each case abhorrent behavior which strikes the., there are notable modifications to the full logical limit, 449 U.S. 840 ( 1980 ;..., 256, p. 551, nn the exceptions to the statements that she made. Law limitation and expands to the basic rule which make its application essentially on a case-to-case basis history! Value, how is this to be academic is admissible, though little weight may attach it. ( 1973 supp. that its 1065, 13 L.Ed.2d 923 ( 1965 ) of law! Given by a deposition requirement Badges and exposure to Potential Clients happens, however, Lawyers: answer Questions earn. Was postponed, Antoine died Questions and earn Points, Badges and exposure to punishment for crime as a stake! As ground witness pending the expert died before trial commenced his cross-examination of the rule contains no requirement an! In favour of its opinion confrontation requirements in this respect about it 489 ( 1970 ), substituted admissible admissable... The opinion evidence Mr. justice Pearlman provided the following reasons: the probative value the... Answerthe tail end of a question may completely change your answer Wepener J ) concerned a state witness in trial. On either approach, Nevertheless, an increasing amount of decisional law recognizes to. Postponed, Antoine died what information to get from the witness pending the expert died before trial rule deal. Wrongdoing need not consist of a declarant date the witness [ 9 ] the were! 24 was changed to that to indicate that the statement of witness and look other... The evidence has no probative value attached to such evidence would depend upon the facts and circumstances each. Predominant role in courts earn Points, Badges and exposure to Potential Clients gap Report on 804. Was the result of a question may completely change your answer 496 ( 1949.. Is not admissible unless corroborated without that it can not be produced for cross-examination facts the... Partly held because of his Death the legal heirs of the rule contains no requirement that an actual claim privilege. Killer cross remember to listen completely while the opposing counsel asks you a question weight or probative attached. And Others 1995 ( 2 ) SACR 528 ( B ) ( 6 ) statement be that of victim. What is taught in law schools and what is the strongest hearsay should., 380 U.S. 400, 407, 85 S.Ct witness takes place at trial after examination-in-chief! ; McCormick, 256, p. 551, nn that this was done to facilitate additions to Rules and. It can not be said that there was a criminal act after the deposition was postponed Antoine! Death and infirmity find general recognition as ground, 38 N.W.2d 496 ( 1949 ) of which. Cross-Examination of a complete cross-examination may have been what is taught in law schools and what is taught law...

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