Get their statement preferably in writing – but, if not, you can always use a tape recorder. • Favorite technique of Atty. Jose Diokno – prepare a statement and make deliberate mistakes. In this way, the witness is given the chance to read his/her statements, and are given the opportunity to check it, correct it, and put his initial on it. This is to establish authenticity and voluntariness of a statement. • Try to use the same question, the same words, the same order of questioning as you will on direct examination in court.
POINTERS TO CONDUCT EFFECTIVE INTERVIEW II. CARDINAL RULES ON DIRECT EXAMINATION • “Make your questions brief, simple; follow the same order that you prepared and when it comes to identifying documents, do it in the most natural way” – Atty. Diokno • Try to present your exhibits – present them just as part of the story so that your witness will not feel that he is in a land of technicalities. • Develop the ability to express yourself clearly, briefly, and cogently. – You must be on your feet.
POINTERS TO CONDUCT EFFECTIVE INTERVIEW III. LAYING THE PREDICATE • Avoid leading questions • As much as possible, get from the client/witness the necessary information, details, or any relevant matters which would make a sufficient evidence in court.
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- Summer '17
- Dean Almirante
- Evidence law, DIRECT EXAMINATION, Jose Diokno