Direct ExaminationIn American trials, there are elaborate rules used to regulate the admission of proof (i.e. oral, or physical evidence). These rules are designed to ensure that both parties receive a fair hearing and to exclude evidence deemed irrelevant, incompetent, untrustworthy, or unduly prejudicial. If it appears that a rule of evidence is being violated, an attorney may raise an objection to the judge. The judge then decides whether the rule has been violated and whether the evidence should be excluded from the trial record.
Formal rules of evidence are quite complicated and differ depending on the court where the trial occurs. For purposes of our Shepard Academy Mock Trial Program the rules of evidence have been modified and simplified. |
Use this template to create your direct examination questions
Witness Examination DIRECT EXAMINATION (attorneys call and question their own witnesses)
Form of the questions: Generally, the attorney who call the witness may NOT ask the witness leading questions. * A LEADING QUESTION is one that suggests to the witness the answer desired by the examiner, and often suggests a “YES” or “NO” answer. Direct questions are usually phrased to evoke a narrative (telling your story) answer. However, the witnesses should NOT be allowed to give long, uncontrolled responses to direct questions. EXAMPLES OF WHAT DIRECT QUESTIONS SHOULD LOOK LIKE: > Mr. Bryant, when did you first meet Angela? > Mr. Bryant, how long have you been employed by the factory? > Directing your attention to Saturday, October 24,could you please tell the court what you observed? EXAMPLES OF WHAT LEADING QUESTIONS LOOK LIKE: > Mr. Hayes, isn't it true that you dislike Daryl Brant? > You were not in the building that day, were you? > Mr. Hayes, didn't you see Jack put the money into the briefcase? |
EVIDENCE ABOUT THE CHARACTER OF A PARTY TO THE CASE
For mock trial purposes, evidence about the character of a party may NOT be introduced UNLESS that person's character is an issue in the case.
EXAMPLE of when it would be allowed to bring up a person's character: In a divorce trial, whether one spouse had been unfaithful to another is a relevant issue, but it is not an issue in a criminal trial for theft. Similarly, a person's violent temperament may be relevant in a criminal trial for battery, but it is not an issue in a civil trial for breach of contract. |
REFRESHING A WITNESS'S RECOLLECTION:
If, during direct examination, a witness cannot recall a statement that he/she made in an earlier affidavit or even pre-trial notes, the attorney may help the witness to remember. To do this the lawyer must first MARK and IDENTIFY the statement as an “EXHIBIT” and show the OTHER SIDE a copy. However, the statement need not actually be admitted into evidence in this situation.
EXAMPLE: A witness sees a purse snatching and offers to testify and gives a statement of events to the lawyer. At trial, the witness has trouble remembering the events he/she saw. The lawyer MAY help the witness remember by showing him/her the statement. |
How to Conduct a Direct Examination
Direct examination is conducted by the attorneys of their own witnesses. It should be designed to get facts from the witnesses which are understandable and, hopefully, to convince the judge to accept your position.Questions on direct examination should:
> Make the witness seem like he/she should be believed.
> Keep the witness “in control” (prevent the witness from rambling since this might weaken the ffect on his/ her evidence.
> Not be leading (where the attorney is telling the story for the witness)
> The attorney calls the witness for direct examination:
SAY: “Your Honor, I'd like to call __________ to the stand.”
After the witness is sworn in by the bailiff or court clerk some introductory questions should be asked.
> Please state your name and occupation.
> Length of residence or present employment, if this informaiton is relevant in establishing his/her credibility.
> Further questions about professional qualifications if you wish to qualify the witness as an expert.
Examples of proper questions on direct examination:
> Directing your attention to (date), could you please tell the court what occurred?
> What happened then...? or, what did you see...?
> How long did you see...?
> Did John (the defendant) say anything about...?
> How long have you worked with Mrs. Smith?
> Conclude your direct examination:
SAY: “Than you, Mr./Ms. _________. That will be all, your Honor.” (The witness remains on the stand for cross-
examination by opposing attorney.)
> Make the witness seem like he/she should be believed.
> Keep the witness “in control” (prevent the witness from rambling since this might weaken the ffect on his/ her evidence.
> Not be leading (where the attorney is telling the story for the witness)
> The attorney calls the witness for direct examination:
SAY: “Your Honor, I'd like to call __________ to the stand.”
After the witness is sworn in by the bailiff or court clerk some introductory questions should be asked.
> Please state your name and occupation.
> Length of residence or present employment, if this informaiton is relevant in establishing his/her credibility.
> Further questions about professional qualifications if you wish to qualify the witness as an expert.
Examples of proper questions on direct examination:
> Directing your attention to (date), could you please tell the court what occurred?
> What happened then...? or, what did you see...?
> How long did you see...?
> Did John (the defendant) say anything about...?
> How long have you worked with Mrs. Smith?
> Conclude your direct examination:
SAY: “Than you, Mr./Ms. _________. That will be all, your Honor.” (The witness remains on the stand for cross-
examination by opposing attorney.)
Redirect Examination
REDIRECT EXAMINATION
If the witness' credibility or reputation for truthfulness has been attacked on cross-examination, the attorney whose witness has been damaged may wish to ask a few more questions. These questions should be limited to the damage the attorney thinks was done by the opposing attorney on cross-examination, and should be phrased so as to try to save, rehabilitate, the witness' credibility in the eyes of the jury.
If the witness' credibility or reputation for truthfulness has been attacked on cross-examination, the attorney whose witness has been damaged may wish to ask a few more questions. These questions should be limited to the damage the attorney thinks was done by the opposing attorney on cross-examination, and should be phrased so as to try to save, rehabilitate, the witness' credibility in the eyes of the jury.
Laying the Foundation of an Expert Witness |
Examining a Witness |