Section 10.2 Right and Scope of Cross-Examination

• Library: Civil Trial Practice 2015 Supp

A. (§10.2) Right and Scope of Cross-Examination

The right to cross-examine an adverse witness in a civil case is absolute, and it is not within a trial court’s discretion to prevent cross-examination entirely. Pettus v. Casey, 358 S.W.2d 41, 44 (Mo. 1962); § 491.070, RSMo 2000. The right arises once the witness gives any testimony at all. Reding v. Reding, 127 S.W. 936, 940 (Mo. App. S.D. 1910); Harris v. Quincy, O. & K. C. Ry. Co., 91 S.W. 1010, 1011 (Mo. App. W.D. 1905) (right does not arise if the opposing party only has a witness sworn and put on the stand).

In Missouri, the scope of cross-examination extends to the entire case and is not limited by the testimony given on direct examination. Section 491.070. Thus, “any pertinent inquiry having some reasonable relation or bearing on the issues in the case or tending to impeach or discredit the witness is generally proper.” Parker v. Pine, 617 S.W.2d 536, 542 (Mo. App. W.D. 1981). This is so even if the witness’s testimony on direct examination concerned only a discrete, limited aspect of the case. Michaud v. Ruch, 545 S.W.2d 703, 707 (Mo. App. E.D. 1976). Moreover, it is always proper to cross-examine to show a witness’s interest, bias, attitude, or feelings about the case. Vosevich v. Doro, Ltd., 536 S.W.2d 752, 760 (Mo. App. E.D. 1976). It also is proper to inquire into the existence of documentation to support the claim made by a witness on direct examination. Lewis v. Envirotech Corp., 674...