Plain language law

New Zealand law explained for everyone

Evidence Act 2006

Trial process - Questioning of witnesses

96: Cross-examination on previous statements of witnesses

You could also call this:

"Questioning a witness about something they said before"

Illustration for Evidence Act 2006

When you are questioning a witness in court, you can ask them about something they said before without showing them what they said, as long as you tell them when and where they made the statement. You need to give them enough information so they know what you are talking about. If the witness does not remember saying it, you might need to show them what they said or tell them what it was, so they can say if it is true or not.

If the witness does not agree that they made the statement, you must show them the statement or tell them what it says, and then they get a chance to say it is not true or explain why what they said before is different from what they are saying now. This is so the witness has a fair chance to respond to what you are saying.

When a defendant uses a document to question a witness, but does not use it as evidence, it does not affect their rights in court, such as their right to say there is not enough evidence against them or their right to speak to the court in a certain order.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393927.

Topics:
Crime and justice > Courts and legal help
Previous

95: Restrictions on cross-examination by parties in person, or

"Rules for asking questions in court if you're accused of something"

Next

97: Re-examination, or

"Asking a witness more questions after cross-examination to clarify what they said"

Part 3Trial process
Questioning of witnesses

96Cross-examination on previous statements of witnesses

  1. A party who cross-examines a witness may question the witness about a previous statement made by that witness without showing it or disclosing its contents to the witness if the time, place, and other circumstances concerning the making of the statement are adequately identified to the witness.

  2. If a witness does not expressly admit making the statement and the party wishes to prove that the witness did make the statement,—

  3. the party must show the statement to the witness if it is in writing, or disclose its contents to the witness if the statement was not in writing; and
    1. the witness must be given an opportunity to deny making the statement or to explain any inconsistency between the statement and the witness’s testimony.

      1. If a document is used by a defendant for the purpose of cross-examining a witness but is not offered as evidence by that defendant, the following rights of the defendant are not affected:

      2. the defendant’s right to make a no-case application; and
        1. the defendant’s rights in relation to the order of addressing the court.