By: The Mock Trial Class of 4B Direct Examination 3 By: The Mock Trial Class of 4B

If a witness forgets something important to the case, you can show him/her a written version of what they say to judge their memory. If reading it does not jog the witnesses memory, you may read it out loud. Refreshing Memory

5.14 Anticipate Cross-Examination and Judge’s and Jurors Questions Why should you anticipate? Lessen impact of cross Preserves your credibility Help witness with atmosphere What should you anticipate? Impeachment Facts that limit witness testimony Limiting testimony Order effects-the order in which information is disclosed Questions from the judge and jurors 5.14 Anticipate Cross-Examination and Judge’s and Jurors Questions

Put direct outlines in order of how you call them Create a witness folder for each witness Prepare the direct examination outlines for each witness The Q&A method The checklist method 5.15 Trial Notebook

Explain new matters raised for the first time in cross Can correct mistakes and clarify faulty impressions created in cross Can explain the reason for prior inconsistent statements, and rebut fabrications 5.16 Redirect Examination

Weak introduction Too long, too detailed No word pictures Not enough exhibits and visual aids Not enough focus on key disputed facts Weak ending Not anticipating cross examination Not enough witness preparation 5.17 Common Problems