1, cross-examination preparation
After receiving the evidence provided by the other party, it is necessary to communicate closely with the parties concerned and form a cross-examination view on the evidence submitted by the other party, mainly focusing on the three characteristics (authenticity, legality and relevance) of the evidence. Ask the parties whether the evidence exists and whether it is true. Is it possible to deny the evidence against us? Such as fax. This process should also be cautious, and there is no evidence to refute each other's evidence. At the same time, for complex cases, I personally think it is necessary to put forward the cross-examination opinions on the evidence of the other party in words, which is similar to our evidence list, so as to be prepared during the trial. After the trial, it can be revised according to the changes in the trial situation and submitted to the court together with the entrusted statement. At the same time, the judge should be contacted in time to ask the other party when the time limit for proof expires and whether there is supplementary evidence before the expiration. (Note: "Relevance of evidence" refers to the objective connection between evidence and the facts of a case, including causal connection, conditional connection, time connection, spatial connection, inevitable connection and accidental connection. Causality is the most common and important one. Any evidence that tends to prove that the facts to be proved may or may not exist is relevant evidence, otherwise it is irrelevant evidence. )
2. Interrogation skills
A general principle is around "three natures". First of all, when providing these evidences, listen carefully to what the other party wants to prove. Closely around the legality of evidence (whether the subject of evidence is legal, whether the form of evidence is legal, whether the method of obtaining evidence is legal, whether the procedure of evidence is legal), authenticity and relevance, quality, debate, inspection and judgment. Identify and judge one by one. Give comprehensive opinions on whether the source of evidence is legal, whether it is related to the litigation request, whether it is completely cross-examined and whether it can be inferred: (1) original/copy; (2) Whether the sources of evidence are legal; (3) Whether the evidence is flawed or forged; (4) Whether the contents of the evidence itself are contradictory; (five) whether the evidence is related to the case; (6) Whether the evidence can achieve the purpose of proof stated by the other party; (7) Whether the evidence is contrary to the unproven facts. For example, someone's birthday is February 29, 67, and there is no February 29 in 67. Words and expressions include: "the authenticity of this material cannot be confirmed, this material has nothing to do with this case, this evidence cannot achieve the purpose of proof stated by the other party, and the source of this evidence is illegal". Of course, the cross-examination opinions of each piece of evidence should start from three aspects, and the cross-examination opinions should be hierarchical and organized:
1、
2、
3. The first is the confirmation of legitimacy, the second is authenticity, and the last is relevance. It can also be expressed from form to content. However, it should be noted that the views should be clear and not vague.
3. The cross-examination contents of some common evidences in daily life:
A. notarial certificate: notarization has territorial jurisdiction; Notarization Law Article 25 A natural person, legal person or other organization may apply for notarization to the notary office at its domicile, habitual residence, place of behavior or place where the fact occurred. The validity of notarial certificate beyond jurisdiction is in doubt. Notarization can only prove that the signature behavior is true, but it can't prove the true expression of the behavior, and it can't prove that the behavior to be proved is legal. Whether the facts and acts to be proved are legal and valid shall be judged according to law. It is illegal to prove that the facts to be proved are legal and valid or that the notarial certificate expresses the true meaning of both parties.
B. Evaluation report: Who commissioned the evaluation? Do you have the qualification certificate of the evaluation organization and personnel? What are the entrusted materials? The basis of identification? The process of identification? What we should pay attention to here is whether the identified samples are stamped by both parties and whether the identified things are disputed by both parties. Such as official seals, how to identify a unit with two official seals, such as the identification of textiles, and how to determine that the submitted samples are disputed products by both parties through unilateral identification.
C. Fax: Fax is not original and cannot be used as evidence alone. Is there evidence, which phone, the owner of this phone and the call list? Only when it is corroborated by other evidence can it be used as evidence. Its continuity can be proved by a series of written evidences such as faxes, especially the fax communication between the two parties is interrelated, which is enough to confirm the authenticity of faxes and has the effect of evidence. Therefore, if we are the receiving party and the evidence is against us, we can deny receiving the fax.
D. audio-visual materials: who are the two parties in the materials? Unless the provider's information shows the intention of the legal representative or authorized person of the other party, once the person in the information does not appear in court, it is impossible to determine the authenticity of the information. So the subject matter in the data. In addition, it is also necessary to examine whether there are traces of splicing or piecing together audio and video materials.
E witness testimony: after you get the witness list, you should communicate with the parties, whether the witness has full capacity for civil conduct, whether he knows the facts of the case, whether he has legal interests with both parties, and whether anyone has done the work of testifying. The following questions should be asked during cross-examination: interest; Whether subjective judgment; Whether the content is uncertain; Whether the content conflicts with the existing evidence recognized by both parties. Of course, questioning witnesses is a technical problem, which will be discussed later.
F. Rule of corroboration evidence: The rule of corroboration evidence refers to the rule that a certain evidence cannot be used as the basis for determining the facts of a case alone because of its weak probative force, and the court can use it as the basis for determining the facts of a case only if other evidence is supplemented and strengthened by reinforcement.
Rule 69 of the Evidence Regulation defines the scope of application of the corroboration rule, that is, the rule only applies to the following five situations:
1. The testimony given by minors is not commensurate with their age and intellectual status;
2. Testimony issued by a witness who has an interest in the party concerned or the agent;
3. Audio-visual materials with doubts;
4. Copies and reproductions that cannot be checked with the original and the original;
5. Testimony of witnesses who fail to testify in court without justifiable reasons.
Therefore, if the other party puts forward other so-called reinforcing evidence, it can be denied. During the whole trial, lawyers should pay full attention, not only to understand every question raised by the judge, but also to listen carefully to the other party's speech and observe the influence of these speeches on the judge. In careful listening and observation, you can keenly capture the flaws in the other party's speech and find out your own attack direction. Never ignore the other party's speech and never give up rebuttal easily. This should be true not only in the court debate stage, but also in the court investigation stage. Only in this way can we firmly grasp the initiative of the trial and show the elegance that lawyers should have.