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Direct examination is the initial questioning of a witness, by the party that called them to the stand. Under the civil procedure rules, leading questions are not allowed during direct examination unless an exception applies.
Proper phrasing of questions on direct examination include: ?Could you please tell the court what occurred on (date)?? ?How long did you remain in that spot??
For example, you could ask a witness: ?Where did you go that night?? (Direct question: the witness is free to answer in any manner he or she wishes).
Say This: ?What, if anything, did you observe?? or ?What part of your body bothers you?? This will force a witness to spell out each answer. Avoid This: ?Did you see the accident?? or ?Does your back hurt?? Both will only elicit a yes or no response and the latter question might be considered as leading.
Creating a work of art through direct examination requires careful thought and planning. Pick Your Storytellers Carefully and Decide What Part of the Story They Should Tell. ... Remember, Trial is Theater. ... Use Demonstrative Evidence. ... Use Open Ended Questions. ... Go Over Testimony with the Witness Before the Witness Takes the Stand.