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