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Direct X Exam

This document provides guidance for direct examination and cross examination of witnesses in court. For direct examination, it advises using non-leading questions to elicit key facts from witnesses in order to establish a human connection. Speak to witnesses sincerely and incorporate visual aids when possible. The document also discusses preparing defense witnesses and exhibits. For cross examination, it outlines six rules: only use leading questions, ask one fact per question, know the answer in advance, avoid characterizations, demand the answer sought, and start and end strongly.

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Richard Martin De Leon
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175 views3 pages

Direct X Exam

This document provides guidance for direct examination and cross examination of witnesses in court. For direct examination, it advises using non-leading questions to elicit key facts from witnesses in order to establish a human connection. Speak to witnesses sincerely and incorporate visual aids when possible. The document also discusses preparing defense witnesses and exhibits. For cross examination, it outlines six rules: only use leading questions, ask one fact per question, know the answer in advance, avoid characterizations, demand the answer sought, and start and end strongly.

Uploaded by

Richard Martin De Leon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DIRECT EXAMINATION

FORM OF THE QUESTION: Non- Leading

-Questions intended to illicit facts from the witness

 Who
 What
 When
 Where
 Did you
 How
 Despite

-Non leading questions place focus on witness

SHOW THE HUMAN CONNECTION BETWEEN YOU AND THE WITNESS

 This is not a solo act (it’s not about you)


 Make eye contact
 Ask follow up questions. This will force you to listen and will show the judge that you are
listening

SPEAK LIKE YOU ARE SPEAKING TO A FRIEND

 Be sincere
 Don’t argue with your client

THINK VISUALLY

 Long periods of auditory information can be difficult for the judges


 For many judges, auditory information is more difficult to process than visual information
 Whenever possible, incorporate physical or demonstrate evidence

POTENTIAL DEFENSE WITNESSES

 Defense
 Alibi
 Fact- eye witness
 Expert- testify due to his expertise
 Character – (in libel/defamation) good moral character is tested
 Defense investigator
 Hostile – adverse witness
Best practice: interview witness, if the witness will be helpful

PREPARE WITNESS FOR TRIAL

 Prepare and rehearse


BASIC:
 You are the director
 Draw judge to reconstructive reality

ORGANIZATION

 Personal background
 Prior record

SET THE PACE

 Console the witness


 Set the scene
 Break it down piece by piece

EXHIBITS

 PICTURES WORTH A THOUSAND WORDS


 Chain of custody (chain of evidence)
 DNA evidence Rule

CHARACTER WITNESS

 Will putting client on stand help?


 Specific trait
 General truthfulness

YOUR CLIENT

 Do you really need him to testify


 Usually first or last witness
 Humanize him
 Deny in sincere and genuine language
 Practice
 Background
 Residence
 Character
 Evidence
 Limit testimony

CROSS EXAMINATION

RULE #1: Ask only Leading Questions

 Any information delivered to the judge must come from you


 Witness answer only “yes”
 Credibility rise when info comes from you
 Present in lawyer’s form
 Witness discouraged from explaining
 Avoid questions “are”, “is”, “do”, “did”, rather ask “isn’t it true that”, “you do
have…don’t you”, “it is a fact that..isn’t it”
 Talk to tha judge like you talk with a friend

RULE #2: One Fact per Question

 Ask bit by bit

RULE #3: Know the Answer

RULE #4: Avoid Characterizations and Conclusions

 Be cautions with words “so” or “therefore. These are reserved for closing arguments

RULE #5: Demand the Answer to which You are Entitled

 Try repeating the question


 Eliminate alternatives
 IMPORTANT: Reinforce concept of Control

RULE #6: Use Primacy and Decency

 Start on a high note and end in the same


 Get to the point

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