direct examination
vevablunt
During direct examination, the attorney who called the witness will ask the witness questions to elicit testimony that supports their case. The witness can provide factual information, expert opinions, and personal experiences during this questioning. The goal is to present evidence in a clear and persuasive manner to support the party's position.
Direct examination is conducted by the attorney calling the witness. Most types of leading questions are not allowed during this round of questioning.
A witness that is not favorable to a party is often referred to as an "adverse witness" or "hostile witness." This type of witness may provide testimony that contradicts the party's claims or undermines their case. In legal proceedings, such witnesses can challenge the credibility of the party's arguments and may require careful handling during questioning to mitigate their potentially damaging impact.
Yes, leading questions are usually allowed during cross-examination. The purpose of cross-examination is to challenge the witness's testimony and credibility, and leading questions can help steer the witness toward a particular line of questioning or point.
A hostile witness is a witness who shows antagonism or unwillingness to testify truthfully or in a helpful manner. They may provide answers that are evasive, argumentative, or uncooperative during questioning. In some cases, legal procedures may be used to address the behavior of a hostile witness.
A redirect examination is when an attorney asks additional questions to clarify issues raised during cross-examination. It allows the witness to explain or provide further details on points that were discussed earlier in the trial. The goal is to strengthen the witness's credibility and testimony.
A judge can ask questions of a witness during a trial to clarify testimony, ensure that the proceedings remain fair, or to elicit information that may aid in understanding the case. This typically occurs when the judge believes that the witness's responses are unclear or incomplete. However, judges generally exercise restraint in questioning to maintain impartiality and avoid appearing biased. The extent and nature of a judge's questioning can vary based on jurisdiction and specific courtroom procedures.
A defense attorney may ask questions during cross-examination to challenge the credibility of a witness by questioning their consistency, bias, motives, and ability to perceive or remember events accurately. They may also inquire about any prior inconsistent statements or behavior that could undermine the witness's reliability.
A questioning spirit
The same as in a real life setting. To explain, or bring out points, or refute points raised by the questioning of the witness by the defense attorney during his cross-examination.
In a field interview statements are generally in the notebook. In a station interview the interview is most often recorded and transcribed later.
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