What is D.E?

the questioning of a witness by the party that has called that witness to give evidence, in order to
support the case that is being made or to order to establish a foundation for a position or a fact.
Why is it done?
In order to establish the existence or nonexistence of a fact or stand.
What happens during D.E?
During D.E an attorney who called the witness will ask specific questions to allow witness to testify, in
his or her own words, about a fact.
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Present Facts

Facilitate Testimonies

Present Exhibits

What is the purpose?

The purpose of direct examination is to get the witness to testify about facts that support the plaintiff's
case subject to the rules of evidence, which govern the admissibility of testimony.
To elicit from the witness in a clear and logical progression the observations, activities and details of the
case.
Note:
The plaintiff has the burden of proving the elements of the crime or offense beyond reasonable doubt
and the cause of action by preponderance of evidence in civil cases.
Attributes
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Clear

Orderly

In restraint

Why?
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So that the judge will remember his or her testimony.

Because, other than the pleadings, the judges rely on the presentation to understand the case

Essential content of a direct examination

The basic 4 Ws and 1 H

General Considerations
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Bear in mind the education of the witness

Do not over-stage the witness

Do not ask lengthy and profound questions

Present in an orderly fashion

Acquaint the witness with the surroundings of the court

If the witness is an expert witness, establish his or her qualifications and credibility

If memory of the witness fails him, try refreshing it by presenting documents

Prepare the witness.

Use stipulations to abbreviate the hearing

How to prepare a witness?

1.

The Question and Answer Method

The lawyer anticipates the questions and prepare the answer.

2.

The Witness Narrative Method

The lawyer writes an outline form what the witness will say.

During the direct the lawyer asks the questions the witness will elicit the desired answers based on the
outline.

Note: Prepare Your Witnesses Not Only As to the Content of Their Testimony But Their Method and
Style of Delivery

Establish Witness Vantage Point.

Why should we believe him?

How do we know he saw what he says he saw?
Where was he located when he saw the shaker thrown?
What is his ability to remember or recollect the events?
Why was he paying attention to the defendant rather than watching the stage?
What was the lighting like? How much could he see?
Is there any history between the witness and the defendant?
Were there any obstructions between the witness and the defendant?
How close or far away was he when the shaker was thrown?
Does he have any interest in the outcome of this trial?

Unnecessary evidence.
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It serves merely as to cloud the issues and may result in substantial harm.

Present only those which are needed

Prolonged unnecessary direct examination may open the door to injurious evidence that would
otherwise have been inadmissible
Few basic rules
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Focus on the critical part of what the witness has to offer

Learn the Psychology of phrasing your questions (but avoid leading questions)

Organize your presentation (chronologically/ highlight presentation)

Learn to build the momentum ( do not disrupt the examination when it is in the action
testimony)
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Elicit description then action

Use pace (take time on the important matters)

Do not lead

Use open ended questions which elicit descriptive response

Let the witness explain

Lay witness opinion (subject to the rules)

Highlight a great answer by repetition

Questions that begin with the following words detract from allowing the witness to narrate a story: did,
didnt, were, werent, have, havent, had, hadnt, could, couldnt, should, shouldnt, and so on. If
answered responsively each of these words at the start of a question calls for a yes or no answer.
For example:

Did he walk into the store?

Did he take out a gun?

So, he held the gun to the womans head?

These questions merely seek confirmation. In actuality, it is the lawyer who is testifying.
The better approach on direct is to begin the question with words that call for and force the
narrative: who, what, when, where, why, how, describe, explain, elaborate, define, or tell us.

These words at the beginning of a question invite the witness to talk. They also prevent
the witness from answering a question with a yes or no response. For example:

Where did he walk?

When did he enter the store?

What did he do when he entered the store?

Tell us, step by step, what happened at that moment.

Hostile witness
Is one who surprises you and unexpectedly turns against you during his testimony at trial.

Examine him as if it is in cross examination.

Expert witness
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Prepare them as if they are lay witnesses

Build credibility

Memorize definitions and spellings

Define a concept when offering it in testimony

Use common words if possible

Offer opinions with factual basis

Confine the testimony on his expert area

Use models and diagrams

If asking a hypothetical question, prepare the witness