Evidence Act 2006

Trial process - Questioning of witnesses

84: Examination of witnesses

You could also call this:

"Asking witnesses questions in court to find out what they know"

When you are a witness in a court case, you will give evidence in a certain order. You will first give your main evidence, which is called evidence in chief. After that, the other parties in the case, except for the one who asked you to be a witness, can ask you questions to challenge what you said, and this is called cross-examination.

After all the other parties have finished asking you questions, you can be asked more questions by the party who originally asked you to be a witness, and this is called re-examination.

If you give evidence by writing it down in a document called an affidavit, or by reading out a written statement in court, it is treated as your main evidence, or evidence in chief.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393915.

Topics:

Crime and justice > Courts and legal help

83: Ordinary way of giving evidence, or

"Telling the court what you know, usually by speaking or sometimes in writing"

85: Unacceptable questions, or

"Questions a judge won't let you ask in court because they're unfair or confusing"

Part 3Trial process
Questioning of witnesses

84Examination of witnesses

Unless this Act or any other enactment provides otherwise, or the Judge directs to the contrary, in any proceeding—
a witness first gives evidence in chief; and
after giving evidence in chief, the witness may be cross-examined by all parties, other than the party calling the witness, who wish to do so; and
after all parties who wish to do so have cross-examined the witness, the witness may be re-examined.

If a witness gives evidence in an affidavit or by reading a written statement in a courtroom, it is to be treated for the purposes of this Act as evidence given in chief.