Kansas 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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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.
With that in mind, here are 10 key questions that can help start your investigation:Who committed the alleged behavior?What happened?When did this occur?Where did this happen?Did you let the accused know that you were upset by this?Who else may have seen or heard this as a witness?More items...
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.
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 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.
Although it has been said that a court has a discretion to allow a leading question in cases where a witness might be requiring special handling like in the case of a child witness it has also been emphasized that a court must take care to be sure that the examiner is not coaching the witness through leading
Leading Questions in Cross-ExaminationThe Court, in its discretion, may prohibit leading questions from being put to a witness who shows a strong interest or bias in favour of the cross-examining party.
Leading questions are also allowed during a cross-examination when an attorney is questioning the other party's witnesses. This is because one of the purposes of cross-examination is to test the credibility of statements that a witness made on direct examination.
7. After cross-examination, the party that called the witness may re-examine him/her, but must limit questions to clarify matters covered during cross-examination. Leading questions may not be asked. Re-examination will often be tactically disadvantageous and is not conducted routinely.
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.
