Direct Examination
During the direct examination portion of the trial, you want to ensure that you are directing your witness in the manner that will help your argument which was presented in the opening statements. The Direct Examination of a witness gives you the opportunity to ask questions that are favorable to your side in order to present your side of the story. Direct Examinations should last three minutes per witness.
You want to ensure that your line of questioning is not too general; if it is, the witness will have the opportunity to say anything and everything, even information that will be damaging to your case. Your time with each witness is limited, so you need to make sure to cover only the important evidence each witness has to offer. At the same time, you want to allow your witness to explain what they have to say in their own words. Be a "friendly guide" for the witnesses as they tell their stories. Avoid questioning that is leading the witness. (See the Objections Section for more on leading the witness.)
The Prosecution/Plaintiff calls its first witness to the stand and asks clear and simple questions that allow the witness to tell his or her side of the story in his or her own words.
When the Prosecution is ready to question the witness they will ask the judge for permission to begin questioning the witness. They must ask the judge's permission before beginning to questioning each witness as follows:
Attorney: "Your Honor, may I proceed?"
Judge: [If the judge is ready he will reply] "Yes, you may proceed."
The witness will answer the questions based on the information included in the witness statements and case facts. The witnesses have the ability to include details that are not in the case facts and witness statements provided they are a reasonable interpretation to the information provided. Should the witness offer facts that are not within the scope of the information during their testimony, the opposing side will have the ability to object and it will be up to the judge to determine the validity of the statement. (See the Objections Section.)
When you have finished asking questions, you will signify to the judge that you have completed your direct examination by saying:
Attorney: "Your Honor, I have no further questions."
Remember that on direct examination, you want to establish that your witness is a credible source and that they can offer relevant information to the case. Some questions you may consider building upon:
How do you know the defendant?
What do you know about the case?
What happened?
What do you remember?
You want to ensure that your line of questioning is not too general; if it is, the witness will have the opportunity to say anything and everything, even information that will be damaging to your case. Your time with each witness is limited, so you need to make sure to cover only the important evidence each witness has to offer. At the same time, you want to allow your witness to explain what they have to say in their own words. Be a "friendly guide" for the witnesses as they tell their stories. Avoid questioning that is leading the witness. (See the Objections Section for more on leading the witness.)
The Prosecution/Plaintiff calls its first witness to the stand and asks clear and simple questions that allow the witness to tell his or her side of the story in his or her own words.
When the Prosecution is ready to question the witness they will ask the judge for permission to begin questioning the witness. They must ask the judge's permission before beginning to questioning each witness as follows:
Attorney: "Your Honor, may I proceed?"
Judge: [If the judge is ready he will reply] "Yes, you may proceed."
The witness will answer the questions based on the information included in the witness statements and case facts. The witnesses have the ability to include details that are not in the case facts and witness statements provided they are a reasonable interpretation to the information provided. Should the witness offer facts that are not within the scope of the information during their testimony, the opposing side will have the ability to object and it will be up to the judge to determine the validity of the statement. (See the Objections Section.)
When you have finished asking questions, you will signify to the judge that you have completed your direct examination by saying:
Attorney: "Your Honor, I have no further questions."
Remember that on direct examination, you want to establish that your witness is a credible source and that they can offer relevant information to the case. Some questions you may consider building upon:
How do you know the defendant?
What do you know about the case?
What happened?
What do you remember?