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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?
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.
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...
Questions related to underlying motivation or bias Your cross-examination can also include questions about the witness's underlying motivations for testifying or any bias that the witness may have in favor of the other party or against you. For example, you could ask: Isn't it true that you owe the other party money?
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.
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 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.
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.