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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. To entice a detailed response, questions should begin with: Who, Why, What, Where, and When.

A competent witness is one who has the sufficient mental capacity to perceive, remember, and narrate the incident he or she has observed. A competent witness must also be able to understand and appreciate the nature and obligation of an oath.

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a yes or no (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is

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?

At the Hearing What 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?

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.

Subpoena the Witness A court can force a potential witness to testify by issuing a subpoena. This is a court order that requires a person to appear in court for the purpose of providing testimony or producing certain evidence.

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Sacramento California Checklist of Questions to Ask Potential Witnesses

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Which type of questions should you ask a witness during direct examination?

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Interesting Questions

1. Can you provide your full name and contact information?

2. Were you present at the time of the incident in question?

3. Did you witness the entire incident from start to finish?

4. What did you see or hear during the incident?

5. Did you notice any unusual or suspicious behavior before the incident?

6. Can you describe the appearance of the individuals involved in the incident?

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