§ 20.05 REDIRECT AND RECROSS-EXAMINATION

• Jurisdiction: North Carolina

§ 20.05. REDIRECT AND RECROSS-EXAMINATION

Although there is no rule on redirect and recross-examinations in the Federal Rules, such examinations are common. In theory, redirect examination is limited to new matters raised on cross-examination, and recross is limited to new matters raised on redirect. Because trials are rarely this neat,⁵⁰ the trial court has discretion to permit eliciting of new matters on redirect and recross-examination.⁵¹ However, if new matters are raised on redirect or recross in a criminal case, further examination may be a matter of right under the Confrontation Clause.⁵²

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Notes:

^[50] See United States v. Riggi, 951 F.2d 1368, 1375 (3d Cir. 1991) ("The tradition in the federal courts has been to limit the scope of redirect examination to the subject matter brought out on cross-examination. Ideally, no new material should be presented on redirect, because litigants will in theory have presented all pertinent issues during the direct examination. In reality, however, new information may come out on redirect, when the trial court, in its discretion and in the interest of justice, determines that the information is relevant and admissible.") (citation omitted).

^[51] See United States v. Vasquez, 267 F.3d 79, 86 (2d Cir. 2001) ("rebut an impression created during cross-examination"); United States v. Diaz, 176 F.3d 52, 80 (2d Cir. 1999) ("The scope of redirect examination is a matter entrusted to a trial judge's broad discretion. Such redirect may be used to rebut false impressions arising from cross-examination and the trial judge is in the best position to determine whether such a false...