At the end of the course you should be able to perform the following with regards to the direct examination of witnesses:


1.         ORGANIZE the direct examination in a persuasive and logical way, usually       by:


·                    Accrediting the witness


·                    Setting the Scene


·                    Describing the Action


·                    Filling in Detail


2.         Present the fact-finder with an UNDERSTANDABLE STORY by:


·                    Sometimes using a teaser question


·                    Usually telling a chronological story, but sometimes using a topical approach


·                    Utilizing the doctrines of primacy and recency by starting and ending big


·                    Using head notes


3.         Keep the fact-finder involved by using an INTERESTING PACE by:     


·                    Not letting the story lag or become tedious


·                    Not leaving long pauses between answers and the next question except for dramatic effect


·                    Varying the pace depending on the information being asked about and the mood being created


4.         Make the examination PERSUASIVE by:


·                    Tying the story into your case theory and theme


·                    Letting the witness tell the story, not the attorney, by putting the spotlight on the witness

·                    Using primarily nonleading, open-ended questions (Who, What, Where, When, Why, How, Describe, Explain)


·                    Keeping questions simple


·                    Using conversational language


·                    Using active language


·                    “Torturing” key points


·                    Using connectors and “looping back”


·                    Anticipating cross examination


·                    Using detail for credibility, not tedium


5.         Use an interesting and dynamic STYLE by:


·                    Using your voice for interest and emphasis


·                    Maintaining eye contact


·                    Displaying energy and interest


·                    Not reading your questions, but operating from an outline


·                    Avoiding distracting mannerisms