With exerpts from the Internet Law Book.
Re-Direct Examinations
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Re-examination will not take place if a motion for non-suit is brought by the defendant's counsel following cross-examination and the motion is allowed. The motion will brought by the Defendant usually if the Prosecutor failed to identify the accused during Examination in Chief as required. The judge will always allow the motion if the Prosecutor has failed to deny the accused in court. Any attempts to proceed with re-examination to try and identify the accused during re-examination after the court was made aware of the motion is a nullity and an abuse of process. The Defence has already brought his motion and does not consent to any re-examination if it is only to attempt to flout or cure with new information what is the subject of the motion as if it is a pac man game and you cannot accept the game is over. The court has rules like a computer game and also procedures where everybody looses if the process is treated with disdain. The court was already advised of the Motion and a new question directly related to the subject of the motion hoping the court will accept it to defeat the motion is overruled. New facts will be allowed in the rarest of circumstances on questions directly related to what was already asked during cross-examination only but not in relation to new questions. See Moore(1984).
Re-Examination or Re-Direct[edit]
A party calling a witness is entitled to re-examine the witness after cross-examination. The scope of the re-examination is limited to matters that arose in cross-examination.[1] Its purpose is to allow the witness to explain or qualify answers that were given in cross-examination. New matters may generally not be raised in questioning.
New facts may be raised in re-examination at the discretion of the judge. If the judge permits it, the opposing party must be permitted to cross-examine.[2]
The rule against leading questions still applies in re-examination.[3]
Re-examination may not be used to improperly bolster credibility of the witness after impeaching credibility in cross-examination.[4]
Jump up↑ R v Moore, (1984), 15 C.C.C. (3d) 541 (Ont. C.A.) at 66 cited in R. v. Evans [1993] 2 SCR 639 at 36
Jump up↑ Moore, supra at 66
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