I NTRODUCTION TO D IRECT E XAMINATION & O BJECTIONS March 27, 2013

C LASS O BJECTIVES Distinguish goals of direct examination and cross examination Identify the witness (friendly, adverse, etc.) Question the witness using the proper form (leading vs. non-leading questions)

D IRECT VS. C ROSS E XAMINATION Let your witness tell their story Make your witness appear credible Tell the witness what to say Make the witness appear incredible Goals of Direct Examination Goals of Cross Examination Purpose of direct examination is to allow the witness to narrate the facts in support of the case. The key is to ask questions which elicit the most importance facts of the case

C ONDUCTING AN E FFECTIVE D IRECT Introduce the witness Establish witness credibility through background Address weak points – do not let your adversary be the first to do this on cross Set the scene: Ask open-ended questions: “Who, What, When, Where, How” “Do you recall...” Tell the story in a chronological order “What happened next?” Accomplish the purpose of the questions Establish essential elements of the offense Support witness credibility

C ONDUCTING AN E FFECTIVE D IRECT Physical Presentation Where to stand Body language Listen to the answer and ask follow-up questions when needed Be a “friendly guide” for the witnesses as they tell their stories. Let the witnesses be the star. Prepare the witness!!! Make sure the witness knows every question you will ask and you know every answer they will give

F ORGETFUL W ITNESS When a witness is unable to recall information you can refresh their recollection during direct and cross- examination. You may use anything that refreshes the witness’ recollection – e.g., exhibits, statements, etc. Steps: Establish that the witness does not remember a certain issue or event Determine that the witness’ memory would be refreshed by the use of a certain document or object Show the witness the document or object and give the witness time to examine it Inquire if the witness’ memory has been refreshed If the answer is yes, remove the document/object and ask the witness to continue the testimony

E XPERT W ITNESS Only those with proper qualifications may offer their “expert” opinion Provide adequate foundation for the witness to be able to answer opinion questions as an expert through his/her qualifications and accreditations (e.g., schooling, work experience, etc. )

S TANDARD O BJECTIONS Irrelevant Evidence “Objection. The testimony is irrelevant to the facts of the case.” Lack of Personal Knowledge “Objection. Witness has no personal knowledge that would enable him/her to answer this question.” Opinion “Objection. Counsel is asking the witness to give opinion.” Leading Questions (only on direct examination) “Objection. Counsel is leading the witness.”

S TANDARD O BJECTIONS Argumentative “Objection. Question is argumentative.” Badgering “Objection. Counsel is badgering the witness.” Speculation “Objection. Question calls for speculation.” New facts – Special rule for mock trials. “Objection. The witness is creating material fact that is not in the record.”

L EADING VS. N ON - LEADING QUESTIONS …? You were at home on Monday night, right? …? You were drunk at the time, weren’t you? What’s your occupation? …? How do you know the Defendant? …?