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Direct Examinations

Direct Examinations. DO NOW: VOCABULARY ON LINE ON MY WEBSITE. 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.

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Direct Examinations

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  1. Direct Examinations DO NOW: VOCABULARY ON LINE ON MY WEBSITE

  2. 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

  3. 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

  4. 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

  5. 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?

  6. 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?

  7. Next Phase -- • The opposite of Direct Examination is….. • CROSS EXAMINATION

  8. 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.

  9. 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.

  10. 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.”

  11. 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.

  12. 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.

  13. Objectionslink • 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.

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