What is re-examination?

After cross-examination ends, many witnesses are surprised when the lawyer who called them stands up again to ask a few more questions. This is re-examination. Understanding its purpose, and its limits, helps you answer accurately and keeps your expectations realistic. As always, your only job is to tell the truth.

What is re-examination?

Section 137 of the Evidence Act 1950 defines re-examination as the examination of a witness, after cross-examination, by the party who called them. It is the third and usually final stage of a witness's evidence, after examination-in-chief and cross-examination. See cross-examination vs examination-in-chief.

Re-examination is optional. The lawyer who called you may have no further questions, in which case you are released (subject to the judge's own questions).

What is it for?

Section 138 provides that re-examination shall be directed to the explanation of matters referred to in cross-examination. Typical purposes include:

• clarifying an answer that was cut short or unclear in cross-examination;
• giving the context for a document you were shown;
• explaining an apparent inconsistency that was raised;
• correcting a misunderstanding about what you meant.

For example, if in cross-examination you agreed you "did not complain at the time", re-examination may allow you to explain that you complained the next morning by email.

Can new evidence be introduced?

Generally no. Under section 138, if new matter is introduced in re-examination with the court's permission, the adverse party may further cross-examine on that matter. Without permission, the lawyer must stay within what was raised in cross-examination.

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Can the lawyer lead me in re-examination?

Generally not. Under section 142, leading questions must not be asked in re-examination if the other side objects, except with the court's permission. So the questions will usually be open: "You were asked about the email of 3 March. What did you mean by it?" Your answer must still be your own truthful account, not a repair job.

What should I expect?

1. Re-examination is usually short. It may be a handful of questions, or none.
2. You cannot "fix everything". If you made a genuine mistake, re-examination may be a chance to correct it, but your cross-examination answers remain part of the evidence.
3. The lawyer cannot tell you during breaks what to say. Generally, once cross-examination has started, a witness should not discuss their evidence with the lawyer who called them until they finish, unless the court allows it.
4. The judge may ask questions too, at any time, under section 165.

What should I prepare?

• Nothing new. Re-examination arises out of cross-examination. Your best preparation is to understand the process and answer every stage truthfully.
• If you realise during the hearing that an earlier answer was wrong, tell the court directly; do not wait for re-examination.

Common mistakes

• Treating re-examination as a second examination-in-chief.
• Trying to argue with the cross-examining lawyer through your own lawyer's questions.
• Changing answers given in cross-examination without explaining why.
• Talking to the lawyer about your evidence during a break in cross-examination.
• Leaving the witness box before the judge releases you.

Example

In a tenancy claim, a landlord was asked in cross-examination whether the tenant had paid rent in June. He said "no". In re-examination, his lawyer referred him to a bank statement mentioned in cross-examination and asked what it showed. He explained that a June payment arrived on 2 July, so it was late but paid. The clarification arose directly from cross-examination, and was truthful.

How is re-examination different from the judge's questions?

Re-examination is conducted by the lawyer who called you and is limited to matters arising from cross-examination. The judge's power under section 165 of the Evidence Act 1950 is wider: the judge may ask any question, in any form, at any time, to discover or obtain proper proof of relevant facts. Judges often ask a few questions at the end of a witness's evidence to clarify points. Answer them in the same way, truthfully and directly, addressing the judge. If the judge's questions raise something new, the court may allow the parties to ask further questions arising from them.

When to speak to a lawyer

If you are a party, your lawyer will decide whether re-examination is needed. If you are a witness and worried that something you said was misunderstood, tell the court honestly while you are still in the witness box. Contact us; every case depends on its facts.

Frequently asked questions

Does every witness get re-examined?

No. It is only needed if something in cross-examination requires explanation.

Can I ask my lawyer to re-examine me?

You cannot direct the questioning. If you need to correct an answer, tell the court directly.

Can I talk to my lawyer before re-examination?

Generally not about your evidence while you are still under cross-examination, unless the court permits.

Can the other side cross-examine again?

Only on new matters introduced in re-examination with the court's permission.

Is re-examination recorded?

Yes. Like all evidence, it is recorded by the court.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
2. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026