Principle

CIVIL PROCEDURE — Pleadings — Unchallenged Evidence — Effect of Failure to Cross-Examine on Matters Pleaded

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Failure to cross-examine a witness on material facts amounts to acceptance of that evidence. The opposing party cannot later challenge the credibility of that evidence. The principle applies to oral testimony and documents tendered without objection. Cross-examination is the primary means of testing evidence. If…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in