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What Questions Ask Witnesses FAQ

There is no mandatory requirement that the witness have to testify his good standing in the community, reputation for trustworthiness and reliableness, honesty and uprightness in order that his testimony may be believed and accepted by the trial court.

Child witnesses As per Section 118 of the Evidence Act, any person is competent to be a witness unless the Court thinks that he cannot answer the questions being put to him. Furthermore, a child can be easily framed to answer the questions. The factor of age is a reasonable restriction on this.

He must, with understanding, take the oath or a substitute. Evid. He must have personal knowledge about the subject of his testimony. He must remember what he perceived. He must be able to communicate what he perceived.

Be prepared. Allow adequate time for the interview, to be conducted in an appropriate environment. Bring the pertinent files with you and use them. Organize the interview questions. Ask short, simple, concise questions. Listen intently watch the witness. Insist on complete, responsive answers. Press for detail.

A competent witness is one who has the sufficient mental capacity to perceive, remember, and narrate the incident he or she has observed. A competent witness must also be able to understand and appreciate the nature and obligation of an oath.A witness is generally presumed by the court to be competent.

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.

What did you witness? What was the date, time and duration of the incident or behavior you witnessed? Where did it happen? Who was involved? What did each person do and say? Did anyone else see it happen? What did you do after witnessing the incident or behavior?

A lay witness the most common type is a person who watched certain events and describes what they saw. An expert witness is a specialist someone who is educated in a certain area. A character witness is someone who knew the victim, the defendant, or other people involved in the case.

Did you see what she was wearing? Did he have a weapon? Was the gun loaded? What kind of car was the thief driving? I will need to get a statement from you. How long ago did this happen? If you think of anything else, please notify us.

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