1. Direct Examination Caroline Goldner Cinquanto Adjunct Professor
Temple University, Beasley School of Law

3. Determine Key Elements of Witness’ Testimony
Common mistake – wrong emphasis
Jury Attention Span - 15 minutes
Decide the critical part of the testimony, get to it quickly, develop it and then STOP.

4. Determine Order of Exam
1. Personal Background of Witness
2. Set Scene
3. Describe Action
4. Use Exhibits
5. End on High Note

5. 1. Personal Background of Witness
WHO IS THE WITNESS?
WHY IS THE WITNESS HERE?
Orients the Jury
WHY SHOULD THIS WITNESS BE BELIEVED?
Credibility

6. Why should this witness be believed?
Remember: Credibility is always at issue – not irrelevant!
Information elicited changes with the witness
Result: Humanize & Personal
witness

7. 2. Set the Scene Set it quickly and efficiently Use Visual Aid
Scene = place, object

8. 3. Describe the Action Pace – Fast or Slow General vs. Detailed
Tone – Soft or Loud
Sensory Language
Simple, yet vivid language
Both you and the witness
Examples

9. 4. Use Exhibits Get the witness off the stand Admit correctly
Use correctly

10. 5. End on High Note
Primacy/Recency
Damages
Never on an Objection Sustained

11. Volunteer Bad Information
Questions to consider:
How damaging is the information?
Can it be brought up gracefully?
Bury bad information.

12. Bruno Hauptmann Trial (1935)
Cross-Examination:
Q. You were adjudged insane some years ago, were you not?
A. Yes.
  Q. That is all.

13. Question Technique Nonleading Directive Looping Transitions
Explain complicated terms*
Avoid Legalize*
Position*

14. Nonleading, yet directive
Tell us about yourself?
Tell me what happened that day?
How feel during the robbery?
Where do you live?
At the corner of 5th St., what did you see?
When the man put the gun in your side, how did that make you feel?

15. Looping questions
A. The man said, 'Please don't hurt me, I won't say anything and Tex shot him four times." 
B. "After Tex shot him four times what happened?" 

16. Transition Questions I want to turn your attention to . . .
Now I want to ask you some questions about . . .
Let’s focus for a minute on

17. The Rules of Evidence Nonleading questions – reporter type questions
No more then one question at a time (Compound Question)
No repeat questions (Asked and Answered)
No asking a witness to guess (Calls for Speculation)
No anticipating the witness’s testimony (Assuming Facts not in Evidence)
No questions that call for a narrative

18. Redirect Examination Not a rehash of the direct Rebut Explain
Development of information elicited on cross
Reestablish mood of direct
End on a high note
Do not end on an objection

19. Verbal Ticks
and, uh, um, okay etc.

20. Practical Tips Headings Page and Line #s Listen to answers
Steal other’s work/save own
Cannot be done in one draft