North Carolina 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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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.
Conduct during cross-examinationMaintain good eye contact. Always avoid a fight with a witness. If a witness incites you, stick to the backup questions. Listen to the witness carefully and always look for any inconsistencies in their statements.
Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a yes or no (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is
Prepare Outlines, Not Scripts. You should also have an outline of what you expect opposing counsel to ask. The operative word is outline. Do not get stuck in a rigid question-and-answer script. At trial, it is important to really listen to the witness' answer and to adapt your questions in real time.
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?
At the HearingWhat is the order of events in the courtroom?What do I keep in mind when going to court?Why would I enter evidence in court?What evidence can I show the judge?Does testimony count as evidence?
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?
Ask Open-Ended Questions Instead, questions should use simple words and allow the witness to elaborate on various facts. A general rule is all direct examinations should be open-ended, short questions.
Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.
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.
