DIRECT EXAMINATIONS GOOD DIRECT EXAMINATIONS 1 Qualify the

DIRECT EXAMINATIONS

GOOD DIRECT EXAMINATIONS… 1. Qualify the witness 2. Sets the scene 3. Lays out details

1. ) QUALIFY THE WITNESS • Describe the witness in a way that makes them seem… • competent or • Sympathetic • Qualify the witness by… • Developing witness’s background to make testimony relevant & real • The key is to personalize the witness without becoming tedious or obvious

EXAMPLES OF QUALIFYING DETAILS • Who they are? • Why they are here? • What experience do they have? • How educated are they? • Where do they live? • Etc…

2. ) SETS THE SCENE • How does the witness know what he/she knows? • Did he/she observe something? • What did he/she hear? • What are some specifics of the scene? • • • Building Lighting Street Room Decorations In setting the scene, you are showing that the witness testifies from personal knowledge.

3. ) LAYS OUT DETAILS • What happened? • Specific details • Who was involved? • What was the sequence of events? • What was the time?

PREPARING YOUR DIRECT… • Determine your goals • Select topics • Organize key topics • Select key words • Incorporate theme • Anticipate problems • Use open-ended (NOT LEADING) questions • Practice with the witness

1. ) DETERMINE THE GOAL What do you intend to accomplish with this witness? Why are you calling this witness to the witness stand? • To establish legally significant facts? • To corroborate another’s testimony? • To get a document into evidence? Your goal will depend on your overall case theory and strategy.

2. ) SELECT TOPICS Pick and choose what is important. • Use what is important; discard the rest Most often, witnesses are called to establish some legally significant facts. • Be CLEAR on the facts you want the witness to establish Don’t shy away from “negative” topics, but be sure to undercut any potential cross-examination of the witness. • If something negative will come out on cross, bring it out first

3. ) ORGANIZE TOPICS Goal is to tell a coherent and interesting story Story should flow naturally • Conversation in direct. Explanation in cross. ```` Decide what documents will be introduced to the witness and where in the direct these documents will be introduced

4. ) SELECT KEY WORDS Wording should reflect overall theme of the case Choose words WISELY. Words MATTER!! • If witness described attack as “ferocious” in witness statement, make sure he/she uses the same word during the direct Use descriptive words to paint a more vivid picture for the jury

5. ) ANTICIPATE PROBLEMS Every statement has its weaknesses. Your job is to minimize those weaknesses. • Jury should remember the good & forget the bad Anticipate attacks during the cross examination Choose how you will handle the attacks. Will you… • Let your witness talk about it during the direct so they may explain it themselves? • Wait and see & address the weakness in the redirect?

6. ) USE OPEN-ENDED QUESTIONS Who… What… Where… When… Why… How… Questions may NOT be leading. Leading questions may be objected to in a direct examination

7. ) PRACTICE WITH THE WITNESS MOST IMPORTANT PART!! It is obvious if the lawyer/witness combo has not practiced Create the direct together Direct should sound natural, conversational • Should NOT sound like an interrogation