Navigation

DIRECT EXAMINATION


WHAT IS A DIRECT EXAMINATION? 

        DIRECT EXAMINATION

  • PLAINTIFF/PROSECUTION CALLS WITNESSES THAT SUPPORT THEIR THEORY OF THE CASE. IN A UTAH MOCK TRIAL EACH SIDE HAS 3 WITNESSES. ALL THREE WITNESSES MUST BE CALLED. YOU MAY NOT RECALL A WITNESS ONCE HE OR SHE HAS LEFT THE STAND.
  • AFTER THE PLAINTIFF RESTS THEIR CASE, THE  DEFENSE CALLS THE WITNESSES IN THEIR FAVOR.THIS IS YOUR WITNESS. TOGETHER THE WITNESS AND THE ATTORNEY WHO WILL ASK THIS WITNESS QUESTIONS HAVE CREATED A "SCRIPT" OR QUESTIONS THAT ASSIST WITH THEIR THEORY OF THE CASE.
  • CREATE THESE QUESTIONS FROM THE WITNESS STATEMENTS IN YOUR HANDBOOK.
  • CHOOSE YOUR WITNESSES WISELY. TAKE INTO CONSIDERATION THE PERSONALITY OF YOUR STUDENT AS WELL AS THAT OF THE HYPOTHETICAL WITNESSES. THIS PERSON MUST BE A GOOD ACTOR/ACTRESS, BUT ALSO BE ABLE TO HANDLE TOUGH CROSS EXAMINATION. BY THE OPPOSING TEAM.                                                             


WHAT MAKES A DIRECT EXAMINATION GOOD? 
  • THE GOAL IS TO TELL A STORY THROUGH THIS WITNESS ABOUT IMPORTANT FACTS REGARDING THE CASE. 
  • ASK THE WITNESS ONLY OPEN-ENDED QUESTIONS: WHO WHAT, WHERE, WHEN, WHY, HOW? THE WORDS MUST COME FROM THE WITNESS, OTHERWISE THE OTHER TEAM WILL OBJECT THAT THE ATTORNEY IS LEADING OR PUTTING THE WORDS IN THE WITNESS MOUTH. THE ATTORNEY ASKS QUESTIONS AND PUTS THE FOCUS ON THE WITNESS. 
  • MAKE THE WITNESS SHINE, LOOK BELIEVABLE AND HONEST. STICK TO THE TRUTH.
  • THE ATTORNEY SHOULD LAY PROPER FOUNDATION. THIS MEANS ASK QUESTIONS IN WHAT I CALL "BABY STEPS". ONE IDEA LEADS LOGICALLY AND SEQUENTIALLY FROM ONE IDEA TO THE NEXT. 
  • NOT LAYING PROPER FOUNDATION WILL RAISE OBJECTIONS FROM THE OPPOSING TEAM.
  • KEEP QUESTIONS SHORT AND TO THE FACTS CONTAINED WITHIN THE WITNESS STATEMENT. AVOID LONG-WINDED NARRATIONS. DO NOT ASK QUESTIONS THAT CALL FOR IMPROPER OPINIONS OR STATE CONCLUSIONS. DO NOT INVENT INFORMATION OR FACTS.  YOUR STORY WILL BE BROKEN UP BY OBJECTIONS FROM THE OTHER TEAM. YOU MAY ALSO BE PENALIZED BY THE JUDGES FOR GOING OUTSIDE THE SCOPE OF YOUR WITNESS STATEMENT.
  • FOCUS ON THE 3 OR 4 KEY CONCEPTS AND/OR EVIDENCE YOU NEED FROM THIS WITNESS. GET THOSE IDEAS OUT OF THE WITNESS' MOUTH WITH GOOD FOUNDATION AND OPEN-ENDED FACTUAL QUESTIONS. THEN SIT DOWN.
  • WHEN ENTERING EVIDENCE SUCH AS A GUN, CONTRACT, ETC, BE SURE TO FOLLOW THE PROPER PROCEDURES OUTLINED IN THE MOCK TRIAL HANDBOOK. PRACTICE!! THERE IS NO VOIR DIRE IN UTAH COMPETITIONS!
  • REMEMBER, THE ATTORNEY'S ROLE IS TO ASK QUESTIONS AND NOT TESTIFY!
  • WITNESSES, GET INTO YOUR CHARACTER. BECOME YOU CHARACTER. TAKE THE WORDS IN YOUR STATEMENTS AND MAKE THAT PERSON A "LIVING" PERSON.






   

  RULES OF A GOOD DIRECT EXAMINATION.

KEYS

  • CREATE A BELIEVABLE SCRIPT 
  • GET RID OF THE SCRIPT ONCE YOU HAVE MASTERED  IT
  • EYE CONTACT
  • RELAXED AND REAL
  • MAKE YOUR WITNESSES "REAL" PEOPLE
  • GET ESSENTIAL EVIDENCE AND TESTIMONY IN  
  • TAKE IDEAS SLOWLY "BABY STEPS"
  • PUT IN EVIDENCE PROPERLY
BELIEVABLE...REAL....BELIEVABLE..

 EVIDENCE

http://www.abanet.org/publiced/courts/evidence.html

Clips From Judge Memorial

Direct Examination/Redirect



LINKS

www.abanet.org/

http://www.illinoistrialpractice.com/direct_examination/page/2/

SAMPLE ATTACHED BELOW 

SAMPLES ARE PAST ROUGH DRAFTS

YOUTUBE

http://www.youtube.com/watch?v=6eYvYCjo41s

http://www.youtube.com/watch?v=s95fFVFPldQ   


The leaders who work most effectively, it seems to me, never say "I." And that's not because they have trained themselves not to say "I." They don't think "I." They think "we"; they think "team." They understand their job to be to make the team function. They accept responsibility and don't sidestep it, but "we" gets the credit. This is what creates trust, what enables you to get the task done 

PETER DRUCKER
Č
ĉ
ď
v.1
DirectExamination.doc
(30k)
Dianna Pugh,
Jan 14, 2011 8:02 PM
ĉ
ď
v.1
DirectExamination2.doc
(27k)
Dianna Pugh,
Jan 14, 2011 8:03 PM