CT Bar Reexamination 3 — Questions and Answers
Question 1: Under Connecticut Practice Book rules, how many rounds of witness examination are permitted as of right?
- One direct and one cross only
- Direct, cross, redirect, and recross; further rounds at court discretion (Correct answer)
- Unlimited rounds so long as new topics exist
- Two directs and two crosses per witness per party
Correct answer: Direct, cross, redirect, and recross; further rounds at court discretion
Connecticut follows the traditional four-round framework of direct, cross, redirect, and recross, with additional rounds permitted in the court's discretion.
Question 2: On recross-examination in Connecticut, counsel asks about a topic never raised on redirect. The proper objection is:
- Hearsay
- Beyond the scope of redirect (Correct answer)
- Leading question
- Lack of foundation
Correct answer: Beyond the scope of redirect
Recross is limited to matters addressed on redirect; a question outside redirect scope should be objected to as beyond the scope.
Question 3: Which of the following best describes 'rehabilitation' as a goal of redirect examination?
- Introducing character evidence to support conviction
- Restoring a witness's credibility after impeachment on cross (Correct answer)
- Presenting new affirmative evidence on the merits
- Correcting errors in jury instructions
Correct answer: Restoring a witness's credibility after impeachment on cross
Rehabilitation on redirect aims to restore the credibility of a witness whose believability was attacked during cross-examination.
Question 4: A criminal defendant takes the stand and is cross-examined about prior bad acts. On redirect, defense counsel may:
- Introduce extrinsic evidence of the acts to minimize them
- Have the defendant explain the context of those acts (Correct answer)
- Move to exclude the cross-examination testimony as prejudicial
- Call the prosecutor as a witness to verify the acts
Correct answer: Have the defendant explain the context of those acts
On redirect, the defendant-witness may explain or contextualize prior bad acts raised by the prosecutor on cross.
Question 5: In Connecticut, if redirect examination opens a new topic not covered on cross, opposing counsel:
- Cannot recross because the round is closed
- May recross on the new topic raised during redirect (Correct answer)
- Must file a written motion to address the new topic
- Is limited to re-reading the cross transcript
Correct answer: May recross on the new topic raised during redirect
When redirect introduces a new topic, fairness allows recross to address that newly raised matter.
Question 6: A hostile witness is examined by the calling party using leading questions. On redirect after cross, the calling party should use:
- Leading questions, since the hostility designation remains (Correct answer)
- Non-leading questions, since redirect is direct examination
- Only yes/no questions as required by the court
- Written interrogatories submitted before trial
Correct answer: Leading questions, since the hostility designation remains
A witness declared hostile retains that designation throughout the examination, so leading questions remain permissible on redirect.
Question 7: Under Connecticut Evidence Code principles, prior consistent statements offered on redirect to rebut a charge of recent fabrication must have been made:
- After the motive to fabricate arose
- Before the motive to fabricate arose (Correct answer)
- Simultaneously with the inconsistent statement
- Within six months of trial
Correct answer: Before the motive to fabricate arose
To rebut a charge of recent fabrication, the prior consistent statement must predate the alleged motive to fabricate.
CT Bar Reexamination 3
Under Connecticut Practice Book rules, how many rounds of witness examination are permitted as of right?