Cross-Examination

In Family Court, you have the right to question the other party or their witnesses after they testify. This is called cross-examination.

Note

This guide is only about cross-examination. To learn how to present your own case and question your own witnesses, see our guide on “Direct Examination.”

Cross-examination can be a powerful tool. You can use cross-examination to:

• Challenge or point out weaknesses in the other side’s testimony or evidence;
• Show inconsistencies or things that do not make sense; and
• Undermine their credibility, or believability.

Here are some examples:

• In a child support case, you can use cross-examination to show that the other party did not report their income.
  For example: “You testified that you are self-employed. Isn’t it true that you did not report that income?”
• In a custody or visitation case, you can use cross-examination to show why you think the other party should not have custody.
  For example: “Isn’t it true that you did not take our child to the doctor even though he was sick?”

Tip

Ask the court for a minute after the other party or their witness finishes testifying. This will give you a chance to organize your thoughts and questions for the cross-examination.

Listen carefully to what the witness says during their direct examination.

Take notes and write down questions you would like to ask the witness during your cross-examination.

Try to only ask leading questions.

These are questions that can be answered with “yes” or “no.” Unlike an open-ended question, leading questions make it more difficult for a witness to explain things or tell their story again. Here are some examples of leading questions vs. open-ended questions:

Leading Questions (For Cross)

• “You just bought a new car, correct?”
• “Isn’t it true that you work for your brother?”
• “You didn’t bring our child to the doctor?”

Open-Ended Questions (for Direct)

• “How do you get to work?”
• “Where do you work?”
• “What did you do when our child got sick?”

Ask questions that show what the witness said or did does not make sense.

For example:

• Q: Isn’t it true you went to Puerto Rico for vacation this year?
• A: Yes.
• Q: Yet, you testified that you are unemployed?
• A: Yes.

Show contradictions or lies.

You can do this by asking about inconsistencies between documents (such as the petition or financial documents) and their testimony. For example, “You testified earlier that your income was $20,000, correct?. . . But isn’t it true that your tax return shows that you make $50,000?” Or, “You said you can’t afford child support, but didn’t you just buy a house?” You can also try to submit evidence (like a photo or document) to show that they are not being truthful (for example, a photo of the house). This is known as impeaching a witness.

Ask only about topics that came up during direct examination.

In general, cross-examination is limited to what the other party or their witness already testified about. One exception is if your questions relate to how credible the witness is, such as if they lied or did not testify about something that is a major issue in the case.

Avoid questions you do not know the answer to.

This gives the other party a chance to explain something or add details to parts of their story.

Here are some examples of strong cross-examination questions:

• “You were ordered to pay $500 per month in child support, correct?”
• “You were also ordered to pay part of the medical expenses?”
• “Isn’t it true that you just got a promotion?”
• “You haven’t made a child support payment since January, right?”
• “Isn’t it true you never paid your share of the medical expenses?”

Remember

Even if you do not have a lawyer, the court expects you to follow the law, as well as court rules and procedures.

Family Legal Care offers free legal information and advice on New York family law and court procedure. Call our Helpline at 212-343-1122 or visit our Get Help page.

This document only provides legal information and should not be considered legal advice. If you are seeking advice, please consult with an attorney. Family Legal Care does not provide people with legal representation and no attorney-client relationship has been established through your use of this document. Family Legal Care encourages all individuals involved with the Criminal and Family Court systems to consult with a lawyer.