ObjectionsOn cross-examination, a party is permitted to employ any type of question that would be proper on direct along with certain types that would not be.

a. Leading Questions – permittedb. Improper Questioning

i. Misleading – a question that cannot be answered without making an unintended admission.

Ex. “Do you still beat your wife?”ii. Compound – requires a single answer to more than question.

Ex. “Did you see and hear him?”iii. Argumentative – a leading question that also reflects the examiner’s

interpretation of the facts. Ex. “Why were you driving so carelessly?”

iv. Assuming facts not in evidence – a leading question assumes that a disputed fact is true although it has not yet been established in the case.

Ex. “After he ran the stop sign, he honked his horn, didn’t he?” (where there is no evidence that the person referred to ran a stop sign)

v. Conclusionary – a question that calls for an opinion or conclusion that the witness is not qualified or permitted to make.

Ex. “Did your wife understand this also?” (opinion as to wife’s understanding)

vi. Cumulative – a question that has already been asked and answered. More repetition is allowed on cross-examination than on direct, but where it is apparent that the cross-examiner is not getting anywhere, the judge may disallow the question.

vii. Harassing, embarrassing – a trial judge has discretion to disallow cross-examination that is unduly embarrassing, so may the judge prevent irrelevant, oppressive, or insulting interrogatories.

Ex. “Are you a homosexual?”