Can a lawyer object while giving a cross examination to non-responsive witness? -

If you are a lawyer and you are questioning a witness on opposing council s side, and you ask them a really good question that can basically discredit them but they don t answer, can you object during your own questioning to non-responsive answer? Please only people with court room experience answer this, no offense but I m studying for a mock trial and I don t want to be mislead and then mess up in the competition.

Although I am not a qualified lawyer I recently completed the Bar Vocational Course which teaches advocacy skills to prospective barristers in the UK. Basically it works like this: If the witness refuses outright to answer your question outright, leave it hanging for a moment or two. Then ask the question again. If the witness still won t answer then ask the judge to instruct the witness to answer. If the witness still refuses to answer, the judge will find them in contempt of court. If the witness replies to your question, but without actually *answering* the question, then ask the question again two or three times. For this to work the question has to be closed, with a yes or no answer. If the witness is still evasive, the jury or judge will recognise this and it will harm the witness s credibility. If necessary, change the wording of your question to make it harder to avoid a direct answer, and remember the prime rules of cross-examination: (1) Don t ask open questions. (e.g. quot;who did you see?quot; (2) Ask closed, leading questions (e.g. quot;You saw X, didn t you?quot;) (3) Don t ask questions to which you do not know the answer, no matter how tempting it may be. There are wonderful examples of a really good cross being ruined by a final question which allows the witness to explain away all that has gone before. Never assume that a witness for the other side will throw up their hands and admit everything under cross examination... that said a couple of weeks ago, I saw a defendant ruin his case by a slip of the tongue, in the heat of cross-examination. Good luck and enjoy yourself.

This would be a matter of asking permission of the judge to treat the witness as a hostile witness and the court can then direct the witness to answer, under penalty of contempt of court