Direct Examinations

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Direct Examinations

the first questioning of a witness during a trial or deposition (testimony out of court)

Let the witness tell the story Elicit exciting & vivid testimony Present your witness as credible

Direct Exam Tips -

Let the witness be the star. Use clear open ended questions

Who, What, where, when, why, how…… Describe to the jury…. Explain to the court….. Tell us what happened…..

Allow the witness to provide details Reinforce theme from opening statements

Sample Direct Examination Questions (3)

Aggravating & Mitigating Factors Plaintiff

How did you know if the defendant planned to carry out the crime?

Defense What type of punishment did you receive? Do you regret your actions? Why? Is there anything else you want to say

Sample Direct Examination Questions

Background Please state your name for the record? What do you do for a living? Where do you go to school? What extracurricular activities do you

participate in?

Sample Direct Examination Questions (2)

The Offense Recount the event that happened

on______? Why were you there? What did these tell you? What were your feelings? What happened next?

Next Phase --

The opposite of Direct Examination is…..

CROSS EXAMINATION

Cross Examinations Opportunity for the attorney (or an

unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party.

The questions on cross-examination are limited to the subjects covered in the direct examination of the witness

The attorney may ask leading questions, in which he/she is allowed to suggest answers or put words in the witness's mouth.

Cross Examinations - Keys You control questions.

This is the opponents witness.

“Lead” the witness. Short answers,

yes, no, 12:00 pm, a gun, etc. Know the answers before asking the

question. Develop Strategy

Help your side.

Cross Examination

Discredit their witness. Get the jury to be on your side. The witness damages themselves. Stick to theme.

Finish with ---> “No Further Questions.”

Cross Examination Tips Start & End crisply The lawyer is the STAR ! Know the probable answer before

you ask the question. Listen to the witnesses answers. Don’t argue with the witness. Don’t ask the witness to explain. Keep control of the witness. Don’t ask too many questions –

Make your point, STOP ! & sit down.

Redirect & Re-cross Examination

Opportunity to ask more questions New info may have been disclosed

during testimony. Listen for key openings left by witness. Help reinforce your point. May be brief. Leaves last point in jury’s mind.

Objections link

a lawyer's protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked.