1. By: The Mock Trial Class of 4B
Direct Examination
By:
The Mock Trial Class of 4B

2. Requires practice with the witnesses
Recreates what happened through the witnesses’ eyes
Persuasive examinations engage jurors’ hearts and minds
Lawyers must understand jurors interests
Should draw jurors into another’s life
5.1-Introduction

3. Witness Competency
witnesses must be competent
must take oath
Lawyer’s Questions
must elicit testimony that is relevant
Witness Testimony
must be RELEVANT and RELIABLE
NO unfair prejudice, confusion on issues, or misleading the jury
5.2-The Law

4. Jurors want answers quickly to form opinions quickly
Want stories that appeal to their emotions (people stories)
Jurors will try subconsciously verify if the opening statement matches the testimonies
In order to be effective, must be more than what they saw, heard and did (dig deeper)
Think of ways to appeal to the senses
5.3-Jury’s Perspective

5. 5.4 Structure of Direct Examination
Chronological
Introduction: Goal is to make an impact
Background: Establishes credibility
Scene: Like setting before a play
Action: Critical part: Goal is to show what happened not to tell
Supporting: Tools such as sensory language, pace, selective repetition
Exhibits: Diagrams, models, acts of crime scene, and emotional
Aftermath: Brings out what happened after the crime scene. It does not apply to all witnesses
Ending: Statement should linger in courtroom and be easy to remember
Impact
Puts dramatic testimony at beginning Then chronological
Usually tragic events (Criminal Cases)
5.4 Structure of Direct Examination

6. 5.5 Language of Direct Examination
Lawyers Questions
Questions have to be in proper form (non leading)
A leading question is one that suggest the desired answer
Effective questions are short and to the point
Lawyers should ask for questions that ask for sound bites
Lawyers need to ask vivid questions
Show interest in the witness and the witness’s testimony
Witness’s answers
Witnesses need to testify using their own natural vocabulary and expressions
Make sure the key words come first from the witness NOT THE LAWYER
Try to have the witness answer in sound bites
Try to have the witness’s answers create word pictures y using sensory words rather than conclusory words
The witnesses answers should be given in a clear, positive, confident manner.
5.5 Language of Direct Examination

7. 5.6 – Preparing the Witness
Witness is center of attention
Review what they can say, decide what they will say
Right mindset (body language, eye contact, follow-up questions)
Witnesses are important for what they say and how they say it
Natural language
Focus on delivery
5.6 – Preparing the Witness