Washington Checklist of Questions to Ask Potential Witnesses

State:
Multi-State
Control #:
US-AHI-186
Format:
Word
Instant download

Description

This AHI form is a checklist of questions to ask a potential witness to sexual harassment.

The Washington Checklist of Questions to Ask Potential Witnesses is an essential tool used in legal proceedings in the state of Washington. It aids attorneys and investigators in systematically gathering pertinent information from witnesses to strengthen their case. By asking targeted questions, these checklists facilitate a thorough examination and provide valuable insights. Here are some key points to keep in mind when utilizing the Washington Checklist of Questions to Ask Potential Witnesses: 1. Types of Washington Checklist of Questions: a. Criminal Trial Checklist: This variant of the checklist comprises questions specifically designed for criminal trials. It focuses on gathering information that can help establish the defendant's guilt or innocence. It explores details about the crime, the witness's relationship to the incident, and their observations during the event in question. b. Civil Litigation Checklist: The civil litigation version of the checklist is tailored to civil cases, such as personal injury or contract disputes. It aims to extract factual information regarding the witness's involvement, knowledge of relevant events, and any potentially supporting or contradictory evidence. c. Deposition Checklist: In cases where a deposition is required, this checklist assists attorneys in preparing the witness for the deposition process. It covers a wide range of topics, including their background, experience, and understanding of the facts at hand. This checklist becomes vital when court reporters are not physically present during the deposition. 2. Collecting Background Information: Before delving into case-specific details, the checklist guides attorneys through collecting essential background information about the witness. This encompasses their full name, address, occupation, educational background, and any previous involvement in legal proceedings. 3. Establishing Witness Credibility: To evaluate the credibility and reliability of potential witnesses, the Washington Checklist poses questions aimed at uncovering any potential biases, motives, or conflicts of interest they may have. This section ensures that the court receives a well-rounded view of the witness's character and potential influencing factors that may affect their testimony. 4. Fact-gathering and Observations: This segment of the checklist focuses on facts and observations. It prompts questions about what the witness saw, heard, or experienced that may be relevant to the case. Attention to detail is crucial here as it helps paint an accurate and comprehensive picture of the events in question. 5. Documenting Statements and Refutations: The checklist incorporates sections to document any statements made by the witness that may support or refute the claims being made in the case. This allows attorneys to construct a solid argument by identifying inconsistencies, contradictions, or corroborative evidence. 6. Expert Witness Testimony: In cases involving expert witnesses, the checklist includes specific questions to gauge their qualifications, expertise, and the basis of their opinions. This information is crucial to establish the witness as an expert in their field and strengthens their testimony. 7. Preparing for Cross-Examination: For attorneys preparing for cross-examination, the Washington Checklist assists in identifying potential weak points in a witness's testimony. It helps formulate targeted questions aimed at challenging the credibility or consistency of their account, providing attorneys with strategic insights. By effectively utilizing the Washington Checklist of Questions to Ask Potential Witnesses, legal professionals can streamline their investigative efforts, gather vital information, and present a compelling case in Washington's courts.

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FAQ

Good ways to say anything but "No Comment" to questions you really don't want to answer:"I'm sorry but I'm not able to speak to that subject""Thanks for asking but I'm not able to answer that question""I'm sorry but that information is proprietary"

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.

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 Makes a Good Lawyer? Common Traits of Successful Attorneys TodayPassion for the Job. As a starting point, successful lawyers almost always have a true passion for their job.Compassion for Clients.Great Communication Skills.Willingness to Listen.Knowledge of the Law.Strong Writing Ability.Creativity.Good Judgment.More items...?

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 work well with others. That's rightbeing a lawyer means working with people!You can persuade others. The ability to persuade=the practice of law.You are independent and self-disciplined.You can endure the grind.You don't take things at face value.You must be able to network.

Do Not Exaggerate. Specifically, do not make over-broad statements that you may have to correct. Be particularly careful in responding to a question that begins Wouldn't you agree that . . .? The explanation should be in your own words; do not let an attorney put words in your mouth. Explain your answer if necessary.

Tips for Testifying Lesson 2: How to Respond to Questions on the StandDo Not Exaggerate.Explain your answer if necessary.If your answer was not correctly stated, correct it immediately.Don't get flustered by inconsistent testimony.Keep it to yourself.Give positive, definite answers when at all possible.More items...?

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.

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Washington Checklist of Questions to Ask Potential Witnesses