Chapter 6 - § 6.15 • REDIRECT AND RECROSS-EXAMINATION

• Jurisdiction: Colorado

§ 6.15 • REDIRECT AND RECROSS-EXAMINATION

Colorado

➢ Scope of Redirect. The scope of redirect examination is limited to matters revealed during cross-examination. People v. Pickett, 571 P.2d 1078, 1083 (Colo. 1977). "A witness should be allowed to explain or rebut any adverse inferences resulting from cross-examination in order to place matters in context so that the jury can evaluate the existence and significance of the witness's alleged bias." People v. Dunlap, 124 P.3d 780, 803 (Colo. App. 2004).

➢ Limitations on Redirect; Recalling Witness. It was proper for the trial court to refuse to reopen a trial to allow a witness to be recalled when the testimony would have been repetitive and cumulative. People v. Sorber, 501 P.2d 121, 123 (Colo. 1972).

➢ Recross-Examination; Scope. Recross-examination embraces "those matters testified to on redirect examination." People v. Ciari, 540 P.2d 1094, 1097 (Colo. 1975).

➢ Recross-Examination; Limits. When a party makes a tactical choice to limit initial cross-examination with the intent of recalling the witness as its own, no error will lie when the court denies the party's ability to do that recross-examination. People v. Henderson, 559 P.2d 1108, 1114 (Colo. App. 1976). A reasonably full cross-examination of a witness is the right of a party; however, after the right has been exercised, further cross-examination is discretionary with the trial court. Id.

➢ Recross-Examination; Limitations; Discretion. "Courts have discretion to limit recross-examination when no new matters have been raised on redirect or additional testimony would be only marginally relevant." People v. Kerber, 64 P.3d 930, 932-33 (Colo. App. 2002). Where this is the case, a trial court's preclusion of additional examination will not be reversed, even when the trial court's stated basis for limiting testimony is

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