Evidence Act 2006

Trial process - Questioning of witnesses

97: Re-examination

You could also call this:

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

Illustration for Evidence Act 2006

When you are a witness in a trial, you will give evidence. After that, someone may ask you more questions, which is called cross-examination. If you are questioned again after cross-examination, this is called re-examination. You can be asked about things that came up when you were cross-examined, including anything that changed what you said earlier. You cannot be asked about other things unless the Judge says it is okay.

If the Judge gives permission for you to be asked about other things, the Judge must let the other parties ask you questions about what you just said. The Judge may also let you be asked more questions about what came up during those extra questions. This is all part of making sure everyone has a chance to ask questions and get the information they need.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393928.


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96: Cross-examination on previous statements of witnesses, or

"Questioning a witness about something they said before"


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98: Further evidence after closure of case, or

"Adding new evidence after your court case is finished, with the Judge's permission"

Part 3Trial process
Questioning of witnesses

97Re-examination

  1. On re-examination, a witness—

  2. may be questioned about matters arising out of evidence given by the witness in cross-examination, including any qualification in cross-examination of evidence given by the witness in examination in chief; but
    1. may not be questioned about any other matter, except with the permission of the Judge.
      1. If permission is given by the Judge under subsection (1), the Judge—

      2. must allow other parties to cross-examine the witness on the additional evidence given; and
        1. may allow further re-examination on matters arising out of that cross-examination.