Chapter 6 - § 6.14 • CROSS-EXAMINATION

• Jurisdiction: Colorado

§ 6.14 • CROSS-EXAMINATION

Colorado

➢ General; By Right. "Parties to a civil proceeding have a limited constitutional right to cross-examine adverse witnesses." In re Marriage of Martin, 910 P.2d 83, 85 (Colo. App. 1995).

➢ Right of Cross-Examination Not Unrestricted. The right of cross-examination is not unrestricted. People v. Loscutoff, 661 P.2d 274, 277 (Colo. 1983).

➢ Cross-Examination; Waiver. The right to cross-examination may be waived. Martin, 910 P.2d at 85.
➢ Cross-Examination; Purpose. The purpose of cross-examination "is to prevent the adverse party from putting before the trier of fact a false, misleading, or one-sided account of the matters in dispute." Banek v. Thomas, 733 P.2d 1171, 1177 (Colo. 1986).

➢ Cross-Examination; Leading Questions. Leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. CRE 611(c).

➢ Limitations; General. "Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination." CRE 611(b), applied in Burlington N.R.R. v. Hood, 802 P.2d 458, 470 (Colo. 1990).

➢ Limitations; Trial Court Discretion. The trial court has wide discretion in determining the propriety of questions on cross-examination. Burr v. Green Bros. Sheet Metal, 409 P.2d 511, 516 (Colo. 1966); People v. Rincon, 140 P.3d 976, 980 (Colo. App. 2005); Jackson v. Harsco Corp., 653 P.2d 407, 410 (Colo. App. 1982), rev'd on other grounds, 673 P.2d 363 (Colo. 1983).

➢ Limitations; Relevancy. The trial court has a right to prohibit cross-examination on irrelevant matters. People v. Hogan, 114 P.3d 42, 55 (Colo. App. 2004); People v. Hernandez, 695 P.2d 308, 310 (Colo. App. 1984); People v. McFee, 2016 COA 97, ¶ 65-66.

➢ Limitations; Scope of Direct Examination. Cross-examination is not limited to the same acts and facts to which a witness has testified on direct examination, as the rule must be liberally construed to permit cross-examination on any matter germane to the direct examination, qualifying or destroying it, or tending to elucidate, modify, explain, contradict, or rebut the testimony given by the witness. People v. Sallis, 857 P.2d 572, 574 (Colo. App. 1993).

➢ Limitations; Motives. Thorough cross-examination allows

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