Q&A

Can the judge question witnesses?

Can the judge question witnesses?

In such cases, the judge may direct the jury not to speculate about what the witness might have said (Dyers v R (2002) 210 CLR 285). The judge may also direct the jury: Not to speculate about why the witness was not called or questioned; Not to place any weight on the failure to call or question the witness; and.

Do you have to answer questions in court as a witness?

The Crown prosecutor or defense lawyer will probably talk to you to find out what you know about the case before they decide to call you as a witness. At this stage you do not have to answer their questions unless you want to; but if either lawyer subpoenas you as a witness, you must go to court.

How to question a witness at a hearing?

How do I question a witness? You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.

Can a employer question a witness during an arbitration hearing?

During the hearing, the employer must give evidence to prove why the employee was dismissed – the onus is on the employer to prove that the dismissal was fair and includes questioning witnesses to prove the fairness thereof.

What happens to employer witness in disciplinary hearing?

The initiator clarifies issues arising from the employer witness’ evidence during cross-examination by re-examining the employer witness. The witness is excused. The presiding officer (chairperson of the hearing) may ask questions at any stage. The aforesaid steps are followed with all the employer witnesses.

Why are you not allowed to ask your own witnesses leading questions?

They are usually answered with a yes or no. Leading questions allow you to control what the witness talks about and often helps you get the witness to give a specific answer. This is why you are not allowed to ask your own witnesses leading questions. Here are some examples to show you the difference:

How are witnesses heard in a Labour case?

Once all the employer’s witnesses have been heard the employee presents his/her case according to the above listed steps. After the arbitrator has explained this process and has followed it he/she must: Assess the evidence and make the award.

The initiator clarifies issues arising from the employer witness’ evidence during cross-examination by re-examining the employer witness. The witness is excused. The presiding officer (chairperson of the hearing) may ask questions at any stage. The aforesaid steps are followed with all the employer witnesses.

How does an employer cross examine a witness?

This will be done via the testimony of witnesses, or by presenting to the hearing documents and other evidence; Each time the employer’s representative has completed questioning one of his/her witnesses, the employee has a right to cross-examine that witness;

What are the questions asked during an unemployment hearing?

During the hearing, both the employer and the employee have the opportunity to state their positions, and the hearing judge will ask followup questions of both parties and any witnesses who are present. The questions relate directly to whether or not the employee is eligible for benefits and center around specific eligibility standards.