What is the proper conduct of counsel in cross-examination?
British Columbia, Canada
The following excerpt is from Day v. Hume and others, 2009 BCSC 587 (CanLII):
The principles emerging from the authorities are clear. An examination for discovery is in the nature of cross-examination and counsel for the party being examined should not interfere except where it is clearly necessary to resolve ambiguity in a question or to prevent injustice. Intervention should not be in a form that suggests to a witness what a desirable answer might be. As stated by Garson J. in Forliti v. Woolley, the proper conduct of counsel is to state the objection to the form of the question and the reasons for the objection, but it is not appropriate to make comments, suggestions, or criticism.
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