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Writing a DIRECT question:

Writing a DIRECT question:. Cannot lead the witness (EX: You saw him, didn’t you?) - BAD Be open-ended, let the witness answer (EX: Who, if anyone, did you see?) - GOOD Don’t be too broad, have a focus (EX: What did you do in 2010?) - BAD Be sure questions are relevant to case theory

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Writing a DIRECT question:

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  1. Writing a DIRECT question: • Cannot lead the witness • (EX: You saw him, didn’t you?) - BAD • Be open-ended, let the witness answer • (EX: Who, if anyone, did you see?) - GOOD • Don’t be too broad, have a focus • (EX: What did you do in 2010?) - BAD • Be sure questions are relevant to case theory • (EX: How many horses do you own?) – VERY BAD • Make your witness look good/smart/personable/positive • Stick to casebook, no invention of fact • GOAL: Tell your story; get the witness to talk and bring up points that support their side

  2. Writing a CROSS question: • Yes or no answers, don’t let the witness explain • (EX: You did, didn’t you?) • Clear, concise points, keep as few questions as possible • Be aggressive, but stay collected, calm • Can address invention of fact, but witness can invest if so asked • Your questions should elicit the answer you want; make your witness give answers which make them look bad

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