2/2/09 BR- Describe what is meant by “laying a foundation.” Today: Direct Examination - Getting the Witness to Tell Their Story Hand in homework !

Direct Examination Attorney is asking questions that elicit information from the witnessAttorney is asking questions that elicit information from the witness Attorney MAY NOT ask leading questions (example here)Attorney MAY NOT ask leading questions (example here) Line of questioning must be foundationally correctLine of questioning must be foundationally correct

Laying a Foundation

-Testimony (the witnesses’ story) has to have an uninterrupted story line -With some exceptions. An attorney may NOT skip parts of the story (movie example) -One question must lead to the next (building on each other)

Laying a Foundation Tips: If you think the person has jumped ahead you should object, “Foundation!” If you think the person has jumped ahead you should object, “Foundation!” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Some times it’s a long foundational road to get the 1 or 2 important facts you need.

Foundation Activity Jon Smyth is a 23 year old hockey player from Moose-Jaw, Saskatchewan. He has been playing professionally for the Chicago Blackhawks since he was called up in December of As a rookie player he shares an apartment with the other rookie on the the team, the defendant, Igor Koryluk. Jon has witnessed several angry arguments between the defendant and the deceased Natasha Nabodkin. Jon has witnessed the defendant strike the deceased several times.

For Tommorow We will have a short quiz on the details for the story (only witness information) We will begin breaking into assigned roles and going over your responsibilities