Direct Examination Key Components of a Direct

Preparation!  Organization In a logical fashion (always introduce witness and build background) Chronological order Start and end with important issues Damaging issues in middle  Prep the witness  Be prepared for objections

Guidelines  Ask open ended questions W, W, W, W, W, & H  Make the witness the star  Position yourself by the jury  Listen to the answer  Ask clarifying questions  Always end on strong note Never end on an objection

Advanced Strategies  Use signpost to tell the jury where you have been and where you are going  Use witness’s answer in your next question

Some Sample Questions  What did you do?  Who were you with?  What time did you arrive?  How did you get there?  When did you return the items?  Where did James take you?

Statement of Jack Smith  Lets examine a case –

Steps to Write a Direct 1.What are you trying to prove? 2.Read the statement and highlight information that helps you prove #1 3.What is the main point you want the jury to understand after hearing this witness?

Steps to Write a Direct 4.Read the other witness statements for any interactions or observations those witnesses have of your witness. 5.Write a list of questions that will establish the background information on who your witness is and their part in the trial.

Steps to Write a Direct 6.Write a list of questions that will address any inconsistencies or potential weaknesses in your witness testimony/statement. It is better to address these before the cross. 7.Write a list of questions that will allow your witness to describe the scene. What did they see?

Steps to Write a Direct 8.Write a list of questions that will allow your witness to describe the actions that took place. 9.Decide what you want the jury to hear last. Write an ending question for your witness.

Steps to Write a Direct 10.Now that you have a general idea of the purpose of this witness and the line of questioning you want to use, it is time to create a script. The script will have the questions in the exact order you want the witness to answer. The script will include the question as well as the answer you expect the witness to give.