I see it in Law and Order now and again, where, after cross-examination, one side “redirects.” What are the conditions for when this is appropriate? Can you redirect a redirection? Can only the defense redirect?
I was under the impression that redirection simply means you want to ask more questions, perhaps to revisit something brought up in cross-examination, and wasn’t anything particularly special. IOW, the two sides can take turns asking questions as long as they want. I could be wrong about that though.
Let’s say the prosecution calls its witness. The prosecutor conducts “direct” examination. The defense then conducts “cross” examination. If the prosecution wants to address some things brought up during cross examination, it may then “redirect.” Whether redirect is allowed or not is up to the judge. The defense may then request permission to conduct a recross examination. In theory, it could go on forever, as long as the judge permitted it.
If the defense calls its witness, then the defense attorney is conducting the direct examination, and the prosecutor will be cross-examining. In other words, the roles are reversed.
And only matters brought up in the cross can be mentioned in the redirection? (Or points brought up in the redirection mentioned in the re-redirection?)
Theoretically, yes. The re-direct may only explore, clarify, and amplify points brought out on cross. The re-cross may only explore the scope of the re-direct, and so forth,
Last question, and thanks for helping me understand this so far. Is it fairly common, or do both sides usually have enough of an idea about what the other side’s questions will be to have the questions asked properly the first time?
In criminal trials, re-direct is somwhat rare, but certainly not unheard of. Re-cross is rarer still.
But I have personally participated in a re-re-re-cross.
People who watch a lot of Law and Order get an image of trial practice that doesn’t quite match reality, of course. There’s more redirect on L&O than in real life because it makes for better drama. And don’t even get me started on Perry Mason!
Makes sense.
Awesome. Did you “win”?