Direct Examination.Outline.HPHS Mock Trial.2007-08

Questions that suggest the answer b evidence is to

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Questions that suggest the answer b. Evidence is to come from the witness not the lawyer i. You want your witness, not you, to be the center of attention c. But you can often lead for preliminary matter so as not to waste tome i. Judge’s discretion 5. No narrative answers a. Because no opportunity to cross b. Key words that could trigger an objection “explain”, “how”, “why” – it is possible though that they may not lead to a narrative answer 6. On direct always be ready when an objection is made a. Have your response ready b. Be ready to fight over the objection- think one step ahead 7. Ask open ended questions a. Vary type of questions a little (because you don’t want to bore anyone) there are many ways to ask one question b. Emphasize a good answer in your next question by restating the answer 8. Volunteer Weaknesses a. Anticipate cross examination - bury it in your direct examination if you think it will come out on cross 9. Listen! – sometimes witnesses will say the wrong thing and then you are “off-script”- need to be prepared and know how to fix it 10. Foundations a. Need to lay a proper foundation b. What do I have to first prove in order to prove this? c. Personal knowledge key- for occurrence witnesses
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  • Fall '12
  • Anderson
  • Evidence law, DIRECT EXAMINATION, Leading question, Cross-examination, HPHS Mock Trial

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