South 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 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?
Commonly asked preliminary questions include the following:You understand that you are under oath?Have you ever had your deposition taken in the past?You understand that your responses here have the same force as in a courtroom with a judge and jury?Are you prepared to answer my questions today?More items...?
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?
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.
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?
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.
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?
You should ask open questions that allow the witness to tell their story. Try to start your questions with 'who', 'what', 'when', 'where' or 'why'. Write down some sample questions. It is important to be polite to everyone in the court room, even if you disagree with what they are saying or if someone is lying.
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.
