BUILDING BLOCK #1

DIRECT EXAMINATION

At the end of the course you should be able to perform the following with regards to the direct examination of witnesses:

1. ORGANIZE the direct examination in a persuasive and logical way, usually by:

· Accrediting the witness

· Setting the Scene

· Describing the Action

· Filling in Detail

2. Present the fact-finder with an UNDERSTANDABLE STORY by:

· Sometimes using a teaser question

· Usually telling a chronological story, but sometimes using a topical approach

· Utilizing the doctrines of primacy and recency by starting and ending big

· Using head notes

3. Keep the fact-finder involved by using an INTERESTING PACE by:

· Not letting the story lag or become tedious

· Not leaving long pauses between answers and the next question except for dramatic effect

· Varying the pace depending on the information being asked about and the mood being created

4. Make the examination PERSUASIVE by:

· Tying the story into your case theory and theme

· Letting the witness tell the story, not the attorney, by putting the spotlight on the witness

· Using primarily nonleading, open-ended questions (Who, What, Where, When, Why, How, Describe, Explain)

· Keeping questions simple

· Using conversational language

· Using active language

· “Torturing” key points

· Using connectors and “looping back”

· Anticipating cross examination

· Using detail for credibility, not tedium

5. Use an interesting and dynamic STYLE by:

· Using your voice for interest and emphasis

· Maintaining eye contact

· Displaying energy and interest

· Not reading your questions, but operating from an outline

· Avoiding distracting mannerisms