IEA Section 145 — Cross-examination as to previous statements in writing

Summary

A witness can be questioned in cross-examination about something they previously wrote or that was written down, as long as it relates to the case, without needing to show or prove the written document first. However, if the person questioning the witness wants to use that writing to show the witness is wrong, they must first point out the specific parts of the writing that will be used to contradict the witness, before the writing itself can be presented as evidence.

Official Text

A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

Old <-> New Code Mapping

• BSA §148 — Cross-examination as to previous statements in writing