how to question a witness as a defense attorney

Questioning Your First Witness

• DIRECT EXAMINATION.
• Focus Is On The Witness And Her Testimony. During direct examination, the witness, not the attorney, should be the focus...
• Identify and Develop Points of Examination. You have called this witness to testify on behalf of your client because...
• Organize The Examination. This is your witness. You want the jury to believe...
• CROSS-EXAMINATION.

Full Answer

What are good questions to ask a witness?

Questioning Your First Witness DIRECT EXAMINATION. Focus Is On The Witness And Her Testimony. During direct examination, the witness, not the attorney, should be the focus... Identify and Develop Points of Examination. You have called this …

What questions does the defense attorney ask?

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. It is best if you can prepare with your witnesses beforehand so you know what …

What are good questions to ask an attorney?

Aug 10, 2017 · Practice questioning your witness: Organize the questions you will ask your witness and be specific. Let your witness know that you will want her to listen carefully to each question she is asked and answer that question specifically. People generally don’t tend to pay attention for very long periods of time.

What kind of questions do you ask a witness?

There are 2 ways to question witnesses: Direct Examination, and; Cross Examination. Direct Examination. You will need to question the witnesses you call. This type of questioning is called direct examination. For a direct examination you will need to ask open questions (questions that allow for explanations.) Open questions usually begin with words like who, what, why, where, …

What are the 6 questions to ask every witness?

How do you question a witness?

What is it called when the defense questions a witness?

How do I ask a witness to testify?

What questions do witnesses get asked?

What should a witness never do with their testimony?

What are the 5 types of witnesses?

How do you cross examine a lying witness?

What do lawyers say in court when they don't agree?

Can you interrogate a witness?

What are good direct examination questions?

How do you answer a witness question?

How to ask a witness to answer a question?

Before you go to court: 1 Practice beforehand with your witness so you know what she will say, and you will know what types of questions you should ask to get the relevant information out. 2 Discuss what to wear and how to act in court with your witness. 3 Encourage your witness to use her five senses when describing the event. 4 Organize your questions so you are able to get the witness to tell a story with her answers. 5 Prepare for the bad facts (and place questions about them in the middle of your witness’s testimony).

Why do you need a witness?

Choosing a witness: A witness can help you prove that your version of events is more likely true than your adversary’s (the person you are suing or who is suing you). When choosing a witness, you must think about who has actual knowledge about the case.

How to ask questions to a judge?

When you are in court: 1 Your witness may be sequestered. 2 Ask questions that will show the judge or jury why your witness is relevant to the case. 3 Although your questions must be open-ended, make them as specific as you can. 4 Focus on what is most important so you get the best and most relevant information out. 5 Maintain a good rapport with your witness during questioning. 6 Tell the truth!

Why do witnesses have to be sequestered?

This is so that witnesses will not hear what either side has to say, and it ensures that their testimony is not being influenced by what has been going on in the courtroom.

What to do before going to court?

Before you go to court: Practice beforehand with your witness so you know what she will say, and you will know what types of questions you should ask to get the relevant information out. Discuss what to wear and how to act in court with your witness.

Is it okay to say "I don't know"?

It is also important to let your witness know that it is okay to say “I don’t know” or “I don’t remember” as an answer to any question she is asked in court. It is not okay for your witness to lie. You should never compare stories with your witness to try and match facts.

What to do if a witness refuses to answer a question?

Remember that an angry witness comes across as non-credible to a jury and judge. If a witness refuses to answer a question, then ask the judge to instruct the witness to answer.

Why do you want to testify?

You want people to testify if they can help prove your version of events. Witnesses must have first-hand knowledge of whatever it is they testify to. For example, you might have gotten in a traffic accident. You want a witness to testify that you were not speeding.

How many times should you ask a question?

You should ask a question only once. However, if you don’t get a clear answer, then you can slightly rephrase the question to elicit a clearer answer from the witness. Objection: misquoting the witness. Make sure that you listen closely to what the witness actually testifies to.

What is hearsay objection?

A hearsay objection is also an objection to the witness’s lack of personal knowledge. With hearsay, a witness might repeat an out-of-court statement in order to prove the fact asserted in the statement. For example, a witness might say, “My sister told me you were speeding.”.

What is it called when you ask questions of a witness?

Cross-Examination. The other party will also be calling witnesses, once they have questioned them it is your turn. Asking questions of the other parties witness is called cross-examination . You are allowed to ask leading questions. There are 2 reasons to cross –examine a witness:

How to discredit a witness?

To discredit the witness. This approach is used so the judge will minimize or disregard evidence or comments that do not support your case. You can do this by bringing into question their memory or their truthfulness. Show that they may be biased or that they are inconsistent with their story.

What is a leading question?

Leading questions as the name indicates leads the answerer to a particular answer. They are usually answered with a yes or no. Leading questions allow you to control what the witness talks about and often helps you get the witness to give a specific answer.

Can you ask 2 questions at the same time?

Asking 2 questions are the same time (it will be unclear which one the witness is answering) Being too broad – Don’t ask something like “what has happened in your relationship with your former spouse”. Asking them to give their opinions – unless they are an expert witness. Judge’s Tip:

Why do you cross examine a witness?

There are 2 reasons to cross –examine a witness: To get evidence that supports your case. You’ll want to get the witness to agree to facts you present. To discredit the witness. This approach is used so the judge will minimize or disregard evidence or comments that do not support your case.

What is direct examination?

Direct Examination. You will need to question the witnesses you call. This type of questioning is called direct examination. For a direct examination you will need to ask open questions (questions that allow for explanations.) Open questions usually begin with words like who, what, why, where, how, tell me about, or describe.

What's a third-party witness?

A third-party witness is anyone other than you or the other person involved in your case. On this page we call them simply the witnesses.

How do you do a direct examination?

The rules for doing a direct examination are quite strict. Here are some helpful tips:

How do you introduce documents as evidence by examining a witness?

You can also use documents as evidence when you're examining a witness.

What is the tactic of questioning?

A common tactic in questioning is to try to secure agreement at the level of principle, and then apply that principle to the case at hand. The agreement, in principle, is generally phrased as a hypothetical, like a question about “a patient” rather than “the patient.”.

What is a hypothetical agreement?

The agreement, in principle, is generally phrased as a hypothetical, like a question about “a patient” rather than “the patient.”. The problem with hypotheticals is that they are often incomplete descriptions, and in that case, the right answer is that you would need to know more.

Inconsistent Statements by a Witness

The arresting officer takes a statement, the detectives take a statement, the prosecutors take a statement, and a lot of time what happens is there’s different statements and sometimes there’s inconsistent statements by the same witness or there’s inconsistent statements by the same victim.

Discredit a Witness Using Other Witnesses

There might be another witness that said something different than what the alleged victim is saying, and you can then call that witness, put them on the witness stand, and even sometimes the prosecutors will call those witnesses and you can use their statements to challenge the alleged victim.

Discredit a Witness Through Circumstances

Also, you can attack a witness’s statement through the circumstances. I just had a case recently. Somebody claimed that my client was attacking them and they locked themselves in a room.