EVIDENCE LAW — Witnesses — Failure to Cross-Examine — Implication

This principle establishes that failure to cross-examine a witness on a particular matter implies acceptance of the truth of that matter. A party who fails to cross-examine cannot later invite the court to disbelieve the witness on that evidence. The principle applies in trial proceedings. It ensures that parties challenge evidence they dispute. The principle reflects that cross-examination is essential for testing evidence. It prevents parties from ambushing opponents. The court may treat unchallenged evidence as accepted. The principle provides guidance on the effect of failure to cross-examine.