Conduct of Trial - Redirect Examination
After the adverse party cross-examines the witness, the proponent of the testimony may examine the witness in order to rehabilitate him or question him with regard to matters brought out on cross-examination. This is called "Redirect" examination. A party whose witness has been cross-examined is entitled to conduct redirect examination of the witness and the redirect is confined to those matters which were brought out on cross-examination, so as to allow the witness the opportunity of explaining any new facts which were brought out.[1]
The scope of redirect examination is a matter within the discretion of the trial court and may be allowed concerning an issue raised on cross-examination which was not explored on direct examination. [2]
Recall of a witness for redirect examination is subject to the discretion of the court. [3] The order of presentation of the evidence at trial, including the decision to permit a party to recall a witness who has finished testifying, is a matter generally resting within the sound discretion of the trial court.[4]
Where the evidence sought to be elicited from the plaintiff on redirect examination, went to plaintiff's cause of action, and related to a subject to which plaintiff's attention had not been directed either on direct or cross-examination, and as to which plaintiff might have been recalled and examined, it was not subject to exclusion, in the discretion of the court, because it was not offered on direct examination.[5]
[1] Feblot v. New York Times Co., 39 A.D.2d 227, 333 N.Y.S.2d 525 (1st Dept., 1972).
[2] People v. Abbott, 275 A.D.2d 481, 711 N.Y.S.2d 611 ( 3d Dept.,2000)
[3] Feldsberg v. Nitschke, 49 N.Y.2d 636, 404 N.E.2d 1293, 427 N.Y.S.2d 751(1980); see 6 Wigmore, Evidence (3d Ed.), 1898, pp. 570-572.
[4] In re Finocchio, 270 A.D.2d 418, 704 N.Y.S.2d 634 (2d Dept., 2000).
[5] Gleason v. Metropolitan St. Ry. Co., 99 AD2d 209, 90 N.Y.S. 1025 (1st Dept.,1904)
After the adverse party cross-examines the witness, the proponent of the testimony may examine the witness in order to rehabilitate him or question him with regard to matters brought out on cross-examination. This is called "Redirect" examination. A party whose witness has been cross-examined is entitled to conduct redirect examination of the witness and the redirect is confined to those matters which were brought out on cross-examination, so as to allow the witness the opportunity of explaining any new facts which were brought out.[1]
The scope of redirect examination is a matter within the discretion of the trial court and may be allowed concerning an issue raised on cross-examination which was not explored on direct examination. [2]
Recall of a witness for redirect examination is subject to the discretion of the court. [3] The order of presentation of the evidence at trial, including the decision to permit a party to recall a witness who has finished testifying, is a matter generally resting within the sound discretion of the trial court.[4]
Where the evidence sought to be elicited from the plaintiff on redirect examination, went to plaintiff's cause of action, and related to a subject to which plaintiff's attention had not been directed either on direct or cross-examination, and as to which plaintiff might have been recalled and examined, it was not subject to exclusion, in the discretion of the court, because it was not offered on direct examination.[5]
[1] Feblot v. New York Times Co., 39 A.D.2d 227, 333 N.Y.S.2d 525 (1st Dept., 1972).
[2] People v. Abbott, 275 A.D.2d 481, 711 N.Y.S.2d 611 ( 3d Dept.,2000)
[3] Feldsberg v. Nitschke, 49 N.Y.2d 636, 404 N.E.2d 1293, 427 N.Y.S.2d 751(1980); see 6 Wigmore, Evidence (3d Ed.), 1898, pp. 570-572.
[4] In re Finocchio, 270 A.D.2d 418, 704 N.Y.S.2d 634 (2d Dept., 2000).
[5] Gleason v. Metropolitan St. Ry. Co., 99 AD2d 209, 90 N.Y.S. 1025 (1st Dept.,1904)
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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Joel R. Brandes Consulting Services, Inc.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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