---
kind: "section"
citation: "50 C.F.R. § 18.88"
title: "50"
number: "18.88"
heading: "Cross-examination."
url: "https://uscodex.org/cfr/50/18.88"
---

# §18.88. Cross-examination.

- (a) **The presiding officer may—**
  - (1) Require the cross-examiner to outline the intended scope of the examination; and
  - (2) **Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious.**
- (b) Any party shall be given an opportunity to appear, either in person or through an authorized counsel or representative, to cross-examine witnesses. Before cross-examining a witness, the party or counsel shall state his name, address and occupation. If counsel cross-examines the witness, counsel shall state for the record the authority to act as counsel. Cross-examiners shall be assumed to be familiar with the direct testimony.
- (c) Any party or party's counsel who fails to appear at the hearing to cross-examine an “adverse” witness shall be deemed to have waived the right to cross-examine that witness.
- (d) Scientific, technical or commercial publications may only be utilized for the limited purposes of impeaching witnesses under cross-examination unless previously submitted and introduced in accordance with these regulations.

## Notes

### Source

Source: 41 FR 5396, Feb. 6, 1976, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 1361 et seq.

### Source

Source: 39 FR 7262, Feb. 25, 1974, unless otherwise noted.