1. By: The Mock Trial Class of 4B
Direct Examination 2
By:
The Mock Trial Class of 4B

2. 5.7 – Occurrence witnesses
Most common witnesses
Intro – what happened\impact
Background – Build credibility
Scene – General to specific
Action – Present tense, their POV
Include any treatments\exhibits
Ending – focus on individual\impact
5.7 – Occurrence witnesses

3. 5.8—Transaction Witnesses
Used primarily in commercial cases
Attest to the events of a business transaction (hence the title)
Must prove the reliability of the witness
This is done by recounting the events of the meeting, big and small
The purpose is to show that the witness has a memory of all events of the transaction, and is therefore more reliable on the relevant aspects or the meeting.
5.8—Transaction Witnesses

4. 5.9- Character Trait Witness
Two different ways the parties can utilize character evidence:
FRE 404 and 405 Character is relevant to the charges, claims, or defenses raised in pleadings.
FRE 608 attack credibility of the witness based on reputation.
5.9- Character Trait Witness

5. 5.10 Adverse Parties/Hostile Parties and Problem Witnesses
There are 3 reasons that Adverse Parties could be called to testify
1. May be surprised / unprepared to testify
2. May be arrogant / argumentative
3. Must be called as a witness to establish a necessary item of proof (If you can find another way to establish that proof, it’s better to do it that way)
Qualifications of Hostile Witness:
1. The witness is biased in favor of the other side
2. The witness is unhappy of being involved and is reluctant to testify
Leading questions are necessary to develop their testimony
Problem witnesses include; children, elderly
5.10 Adverse Parties/Hostile Parties and Problem Witnesses

6. Have a conversation with the witness
They can give opinions on degrees of lightness or darkness and size
They can give opinions on handwriting and identity.
The Witness must have sufficient observations.
5.11 Lay Witness Opinions

7. Direct Examinations must be relevant, reliable, and authenticated.
Telephone Calls have to have a foundation
Computer-based conversations must be shown with screen names
5.12 Conversations