When someone is in court and the other side calls a witness to speak, that person has the right to ask that witness questions about the whole case. This is called cross-examination. There are a couple of exceptions: if the person on trial in a criminal case is speaking as their own witness, the other side does not get to cross-examine them the same way. Also, in a civil case, if the defendant is claiming the plaintiff owes them money (a counterclaim or setoff), the defendant cannot use cross-examination to ask the plaintiff's witness about that claim — instead, the defendant has to call that witness as their own witness for that part.
491.070. of es — scope. — A to a , civil or criminal, against whom a witness has been called and given some , shall be entitled to said witness (except where a in a is testifying in his own behalf) on the entire case, but this shall not be to entitle a defendant who has a or in a to cross-examine a 's witness in respect , but as to said counterclaim or setoff such witness (if examined by defendant in relation thereto) shall be defendant's witness and be so examined in the course of the trial.
(RSMo 1939 § 1891)
Prior revisions: 1929 § 1727; 1919 § 5414; 1909 § 6358
Tap any gold-underlined word to see what it means.
Related Missouri laws
Prior inconsistent statement may be admissible in criminal cases as substantive evidence
RSMo 491.074
Informants, disclosure requirements
RSMo 491.065
Statement of child under eighteen or vulnerable person admissible, when
RSMo 491.075
Juvenile court adjudication, use to affect credibility
RSMo 491.078
Persons incompetent to testify
RSMo 491.060
Testimony of witness not to be used to convict him of fraud
RSMo 491.080
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.