During cross-examination, note exactly which topics were addressed that damaged your witness's credibility or left misleading impressions requiring clarification.
Redirect is limited to matters raised during cross-examination. Plan questions that stay within scope to avoid objections and opening the door to recross.
If the witness was impeached with a prior inconsistent statement, allow the witness to explain the context or circumstances of the prior statement.
If cross-examination elicited only part of a conversation, document, or event, use redirect to present the complete context that changes the meaning.
End redirect by having the witness reaffirm the most important aspects of their direct testimony, leaving the jury with your strongest impression.
After cross-examination damages a witness's credibility or creates a misleading impression, the calling party may conduct redirect to repair the damage. Redirect is limited in scope to matters "opened" by cross-examination. If cross-examination elicited a prior inconsistent statement, redirect allows the witness to explain the inconsistency. If cross-examination took a quote out of context, redirect permits the witness to provide the full context. Non-leading questions are required on redirect, just as on direct. After redirect, the opposing party may conduct recross-examination, limited to matters raised on redirect.
Attorney: "Dr. Williams, on cross-examination you were asked about the limitations of your methodology. Can you explain why, despite those limitations, your conclusions remain valid?" Witness: "Yes. The limitations counsel mentioned apply to a different type of analysis. For the specific question I was asked to evaluate, the methodology I used is well-established and peer-reviewed."
Attorney: "Mr. Chen, opposing counsel showed you one sentence from your deposition. Could you please read the full paragraph for the jury so they have the complete context?"
Opposing Counsel: "Objection, beyond the scope of cross." Judge: "Sustained. Counsel, redirect is limited to matters raised during cross-examination. This topic was not addressed."
Students often attempt to use redirect to re-do their entire direct examination or introduce new topics. Redirect is strictly limited to matters raised on cross. Additionally, students sometimes forget that redirect requires non-leading questions — the same rules that apply to direct examination apply on redirect.
United States v. Riggi, 951 F.2d 1368 (3d Cir. 1991)
Clarified that redirect examination must be limited to the scope of cross-examination and that the trial court has broad discretion in controlling the scope of redirect.
United States v. Bernal, 719 F.2d 1475 (9th Cir. 1983)
Held that the trial court did not abuse its discretion in limiting redirect examination where the proposed testimony went beyond the scope of cross-examination.
What is redirect examination?
Redirect examination is the questioning of a witness by the calling party after cross-examination. Its purpose is to rehabilitate the witness by clarifying, explaining, or rebutting matters raised during cross-examination. The scope of redirect is generally limited to issues raised on cross.
When is redirect examination used?
Redirect examination is used after cross-examination has created confusion, suggested unfavorable inferences, or damaged the witness's credibility. The calling attorney uses redirect to provide context for answers given on cross, explain apparent inconsistencies, and restore the witness's credibility in the eyes of the jury.
Are leading questions allowed on redirect?
Leading questions are generally not allowed on redirect examination because the witness is still considered friendly to the calling party. The rules are the same as for direct examination. However, judges have discretion to permit some leading questions to efficiently address specific points raised on cross-examination.
Direct examination is the initial questioning of a witness by the party who called that witness to t...
Cross-examination is the questioning of a witness by the opposing party after direct examination. It...
Impeachment is the process of attacking a witness's credibility to reduce the weight the jury gives ...
Foundation refers to the preliminary showing that must be made before evidence is admitted. It estab...
