West Virginia 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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FAQ
Re-examination After cross-examination, the party that called the witness may re-examine him/her, but must limit questions to clarify matters covered during cross-examination. Leading questions may not be asked. Re-examination will often be tactically disadvantageous and is not conducted routinely.
Leading question leads the witness to answer in a very specific answer and also alters the witness's version of the events. Leading questions can only be asked with the permission of the court or in some specific events. Normally leading questions results in the witness answer in more of Yes or No pattern.
Leading questions are also allowed during a cross-examination when an attorney is questioning the other party's witnesses. This is because one of the purposes of cross-examination is to test the credibility of statements that a witness made on direct examination.
To testify, a witness needs only the ability to recall what they have seen and heard, and be able to communicate what they recall. To communicate, the witness must be able to understand and respond to questions, and the witness must demonstrate the moral capacity to tell the truth.
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 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?
examination question should be very pointed and requires only a oneword answer, preferably yes or no. The questions that you ask on crossexamination have to be related, in some way, to the issues that the witness talked about during direct examination.
A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.
Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party. Such questions may be asked if the other party does not object.
