Colorado Checklist of Questions to Ask Potential Witnesses
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FAQ
When an attorney calls a witness to the stand and asks them questions, this is called direct examination. After direct examination, the opposing party gets to question the witness, which is called cross-examination. Although both direct and cross-examination involve asking a witness questions, each type of
The lawyer's goal in conducting a direct examination is to leave jury members with the impression that they are listening to an interesting conversation between two people (questioning lawyer and answering witness) about a subject critical to proving the lawyer's side of the case.
Prepare. There is absolutely no substitute for hard work.Keep it Simple. Learn to talk like a regular person wherever you are.Use Topic Sentences or Headers.Personalize the Witness.Direct the Focus to the Witness.Help the Witness Show, Not Tell, the Jury.Start Strong, End Strong, and Address Your Weaknesses.
The Don'tsAsk leading questions.In your questioning, move from general to specific.Be clear and brief. Use simple language.Listen to the answers given and note important ones.Treat the witness with respect.Ask only one question at a time.Be precise with questions.Ask questions that discredit their testimony.
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?
Direct examination questions allow a personal injury attorney to ask key witnesses to explain what they saw, heard, or did in relation to an incident. For example, an attorney in a car accident personal injury lawsuit may call a bystander to testify about what they saw just before, during, or after the accident.
Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.
As a general rule, do not ask leading questions - questions which contain within them the answer, suggest the answer or call for a yes or no answer - or your direct will be interrupted with sustained objections.
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?
Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party. Such questions may be asked if the other party does not object.
