Direct Examination

1. Direct Examination The Role of Direct Examination • Direct Examination is your opportunity to present the substance of your case. It is the time to offer the evidence available to establish the facts that you need to prevail. 2. Direct Examination is the heart of your case. 3. Cases are won as a consequence of direct examination

2. Direct Examination Basic goals of Direct Examination • Introduce undisputed facts. • Enhance the likelihood of disputed facts • Lay foundations for the introduction of exhibits. d. Reflect upon the credibility of witnesses. e. Hold the attention of the trier of fact.

3. Direct Examination The law of Direct Examination • Competence of witnesses. • Non-leading questions • Narratives • The non-opinion rule • Refreshing recollection

4. Direct Examination Planning Direct Examination:- There are three fundamental aspects to every direct examination plan: content, organization, Technique.

5. Direct Examination • Content: It must be the driving force of every direct examination. • What to include • List the witness’s facts that are necessary to the establishment of your theory. b) Reasons c) Explanations d) Credibility

6. Direct Examination 2. What to exclude: a) Clutter b) Unprovables c) Implausibles d) Impeachables e) Door openers

7. Direct Examination b. Organization and Structure. • Primacy and recency • Apposition • Duration • Repetition

8. Direct Examination Even applying above principles, there is no set pattern for the structure of a direct examination, just as there is no correct way to paint a landscape. The following guidelines, however, will always be useful.

9. Direct Examination • Start strong and end strong: The overall Examination. • Admissibility • Theory value • Thematic value • Dramatic impact • Undeniability

10. Direct Examination 2. Start strong and end strong: The sub Examination 3. Use topical organization 4. Do not interrupt the action 5. Give separate attention to the details 6. Try not to scatter circumstantial evidence 7. Defensive direct examination 8. Affirmation before refutation 9. Get to the point 10. End with a clincher 11. Ignore any rule when necessary

11. Direct Examination Questioning Techniques • Use short, open questions • Use directive and transitional questions • Reinitiate Primacy • Use general headline questions • Explain where you are going • Use body movement d. Use Incremental questions e. Reflect time, distance, intensity f. Repeat important points g. Use visual aids h. Avoid negative, lawyerly, and complex questions

12. Direct Examination Adverse and hostile witnesses • Adverse witnesses • Hostile witnesses • Strategy

13. Direct Examination Ethics of direct examination • Preparation of witnesses • Offering inadmissible evidence • Disclosing Perjury

14. Direct Examination Witnesses • Know your facts, and tell your story. • Be well rehearsed without appearing rehearsed. • Most importantly-be natural, and really become your witness. • Be confident but sincere.

15. Direct Examination Attorneys You should listen to what your witness says, and your next question on the witness’s response to the last question, so that it flows smoothly.

16. Direct Examination Summary • Direct should work like a conversation between the attorney and the witness. • The witness is the star of the direct examination • Witness should always look at the jury while answering attorneys questions • Attorney don’t ask leading questions • Ask: Who, what, where, when, why. • Make sure you cover both the strengths and the weaknesses • Witnesses should emphasize the positive and “explain away” the negative.