1. Direct Examinations

2. Good Direct Examinations…
Qualify the witness
Sets the scene
Lays out details

3. 1.) Qualify the witness
Describe the witness in a way that makes them seem…
competent or
Sympathetic
Qualify the witness by…
Developing witness’s background to make testimony relevant & real
The key is to personalize the witness without becoming tedious or obvious

4. Examples of Qualifying details
Who they are?
Why they are here?
What experience do they have?
How educated are they?
Where do they live?
Etc…

5. 2.) Sets the Scene How does the witness know what he/she knows?
Did he/she observe something?
What did he/she hear?
What are some specifics of the scene?
Building
Lighting
Street
Room
Decorations
In setting the scene, you are showing that the witness testifies from personal knowledge.

6. 3.) Lays Out Details What happened? Specific details Who was involved?
What was the sequence of events?
What was the time?

7. Preparing your direct…
Determine your goals
Select topics
Organize key topics
Select key words
Incorporate theme
Anticipate problems
Use open-ended (NOT LEADING) questions
Practice with the witness

8. 1.) Determine the Goal
What do you intend to accomplish with this witness?
Why are you calling this witness to the witness stand?
To establish legally significant facts?
To corroborate another’s testimony?
To get a document into evidence?
Your goal will depend on your overall case theory and strategy.

9. 2.) Select Topics Pick and choose what is important.
Use what is important; discard the rest
Most often, witnesses are called to establish some legally significant facts.
Be CLEAR on the facts you want the witness to establish
Don’t shy away from “negative” topics, but be sure to undercut any potential cross-examination of the witness.
If something negative will come out on cross, bring it out first

10. 3.) Organize Topics Goal is to tell a coherent and interesting story
Story should flow naturally
Conversation in direct. Explanation in cross.````
Decide what documents will be introduced to the witness and where in the direct these documents will be introduced

11. 4.) Select Key Words Wording should reflect overall theme of the case
Choose words WISELY. Words MATTER!!
If witness described attack as “ferocious” in witness statement, make sure he/she uses the same word during the direct
Use descriptive words to paint a more vivid picture for the jury

12. 5.) Anticipate Problems
Every statement has its weaknesses. Your job is to minimize those weaknesses.
Jury should remember the good & forget the bad
Anticipate attacks during the cross examination
Choose how you will handle the attacks. Will you…
Let your witness talk about it during the direct so they may explain it themselves?
Wait and see & address the weakness in the redirect?

13. 6.) Use open-ended questions
Who…
What…
Where…
When…
Why…
How…
Questions may NOT be leading. Leading questions may be objected to in a direct examination

14. 7.) Practice With the Witness
MOST IMPORTANT PART!!
It is obvious if the lawyer/witness combo has not practiced
Create the direct together
Direct should sound natural, conversational
Should NOT sound like an interrogation