Texas Checklist of Questions to Ask Potential Witnesses
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How to fill out Checklist Of Questions To Ask Potential Witnesses?
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FAQ
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?
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.
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.
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.
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.
Use only leading questions Questions suggesting a subject is not a leading question. Leading questions are only allowed in cross-examination because its object is to elucidate the truth. The general rule is to compel the witness to say yes or no after every question.
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?
You should ask open questions that allow the witness to tell their story. Try to start your questions with 'who', 'what', 'when', 'where' or 'why'. Write down some sample questions. It is important to be polite to everyone in the court room, even if you disagree with what they are saying or if someone is lying.
