What is the test for cross-examining a witness on irrelevant material?

California, United States of America


The following excerpt is from People v. Van Coutren, B240800 (Cal. App. 2013):

Generally, a party may not cross-examine a witness on irrelevant matters simply for the purpose of eliciting something to be contradicted. (People v. Price (1991) 1 Cal.4th 324, 436.) But this rule does not apply where the questions relate directly to relevant matters raised on direct examination. (Ibid.) The trial court has wide discretion in deciding the line between proper and improper cross-examination, and must exercise that discretion "to prevent unfairness to either side when one side presents evidence on a point, then tries to prevent the other side from responding." (People v. Steele (2002) 27 Cal.4th 1230, 1248.)

Page 9

Other Questions


Is there any case law where a material witness was unavailable through a state action even though the material witness had been deported? (California, United States of America)
Does the prosecution need to notify the defense of a material witness prior to the conclusion of the preliminary hearing that the material witness will be deported? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
Can an expert witness whose opinion is based on inadmissible material describe the material that forms the basis of the opinion? (California, United States of America)
Is there any case law where a jury has concluded that a witness has a reasonable chance of proving that the witness is a reasonable witness? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Is there any case law supporting a defendant's contention that the trial court violated his constitutional right to confront witnesses in the witness box? (California, United States of America)
In what circumstances will police officers be allowed to question a witness in a witness statement? (California, United States of America)
Is cross-examination permitted to delve into the witness's story to test the witness' memory? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.