Telling YOUR story through the Witness

1
DIRECT EXAMINATION

• Telling YOUR story through the Witness

2
Purpose of Direct Examination

• Credibility of the Lawyer
• Theme and Theory
• Proves your Case
• Tells the Witness Story
• Witness is the Focus

3
Where Do I Begin?

• Determine the purpose of the witness
• Create a list of questions or points that best
  elicits that purpose
• Separate the good and bad facts
• Consider advanced techniques to help communicate
  themes and testimony

4
Understanding and Presenting your Story

• KISS
• No Legalese
• Chronological Order
• Humanize witnesslikeabilitycredibility
• Create a connection with the jury (triangle)
• Reiterate and strengthen your theme
• Control through direction DONT LEAD!

5
Knowing Your Weaknesses

• Drawing the Sting
• Watch out for Land-mines
• Prepare, Prepare, Prepare

6
The Basics

• Structure of Questions Who, What, When, Where,
  How, and Why
• Do Not Ask Leading Questions
• Leading questions suggest the answer to the
  witness.
• Isnt it true
• The color of the truck was white, correct?
• Anticipate and prepare responses to potential
  objections to your questions.

7
Advanced Techniques

• Using Headlines for Transitions
• Looping
• Refreshing your Witness Memory
• Using Exhibits
• Real
• Demonstrative

8
Headlines and Transitions

• A word or phrase that moves the questioning
  along, often in a new direction. Transitions are
  essential because they direct the witness-and the
  jury-to the next topic you want to discuss. Some
  attorneys call this skill sign posting or
  headlining.

9
Looping

• A looping question takes the answer the witness
  has just given and loops or incorporates it into
  the following question. By incorporating part of
  the witness answer into the next question, an
  attorney is able to create a thread for the
  examination and repeat an idea several times so
  that the jury will remember it better. Although
  this is an effective technique, if overused, it
  will became a distraction and lose its
  effectiveness.

10
Refreshing Memory

• Witness testifies he or she does not remember
• You ask Would a copy of your deposition help
  refresh your memory?
• Yes
• Your Honor, Im showing opposing counsel page 3
  of witness deposition given on ___Date
• May I approach the witness?
• Mr. Smith, I am showing you a copy of your
  deposition given on Date could you read lines
  23-33 and let me know when you are finished?
• Is your memory sufficiently refreshed?
• Yes
• Okay. then re-ask question.
• KEY TIP- ARE YOU SURE?

11
The LAST Question

• NEVER end with a leading question
• NEVER end with a question that will elicit an
  objection
• ALWAYS end with a question that will elicit an
  answer the jury will remember.
• ALWAYS end with a bang!

12
Redirect Examination

• After the Cross Examination OPTIONAL!
• To clean up any facts that were made confusing or
  twisted during the Cross.
• Must limit questions to the scope of the cross
  examination
• Must ask open-ended, non leading questions
• BRIEF 3 MAX

13
Demonstration