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If an attorney demands a yes or no answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate. If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately.
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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.
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.
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.
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?
If your answer was not correctly stated, correct or clarify it immediately. Don't say, "that's all of the conversation" or "nothing else happened." Instead say, "that's all I recall" or "that's all I remember happening." It may be that after more thought or another question, you may remember something important.
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.
Give positive, definite answers when at all possible. Avoid saying, I think, I believe, or In my opinion if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.
Ask Open-Ended Questions 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.