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You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, Witness, what did you see at the intersection of A and B streets?
Prepare Outlines, Not Scripts. You should also have an outline of what you expect opposing counsel to ask. The operative word is outline. Do not get stuck in a rigid question-and-answer script. At trial, it is important to really listen to the witness' answer and to adapt your questions in real time.
You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.
In the course of cross-examination, a witness may be asked questions: (i) To test his veracity; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.
To Prepare for Questioning:have a list of all the documents you or the other party will be using at trial as well as copies of these documents. list the facts that you need to prove at trial. frame your questions to get the other party to admit some of these facts if possible. keep your questions short and to the
Start by asking the witness to identify herself and explain how she knows you or is connected to the case. It is very important that the witness actually saw, heard, or had involvement in the issue. A witness who was not present or has information to share that she heard from someone else may not be helpful.
At the HearingWhat is the order of events in the courtroom?What do I keep in mind when going to court?Why would I enter evidence in court?What evidence can I show the judge?Does testimony count as evidence?
Ask Open-Ended Questions Instead, questions should use simple words and allow the witness to elaborate on various facts. A general rule is all direct examinations should be open-ended, short questions.
As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness.
Under both California law and the federal rules, any party may impeach any witness at any time....In general, a witness is competent if he meets four requirements:He must, with understanding, take the oath or a substitute.He must have personal knowledge about the subject of his testimony.More items...?