Direct Examination
Caroline Goldner Cinquanto
Adjunct Professor
Temple University, Beasley School of Law
Determine Key Elements of
Witness’ Testimony
 Common
 Jury
mistake – wrong emphasis
Attention Span - 15 minutes
 Decide
the critical part of the
testimony, get to it quickly, develop it
and then STOP.
Determine Order of Exam
1.
2.
3.
4.
5.
Personal Background of Witness
Set Scene
Describe Action
Use Exhibits
End on High Note
1. Personal Background of Witness
WHO IS THE WITNESS?
WHY IS THE WITNESS HERE?
Orients the Jury
WHY SHOULD THIS WITNESS BE
BELIEVED?
Credibility
Why should this witness be
believed?
 Remember:
Credibility is always at
issue – not irrelevant!
 Information elicited changes with
the witness
 Result: Humanize & Personal
witness
2. Set the Scene

Set it quickly and efficiently
Use Visual Aid
Scene = place, object
3. Describe the Action
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Pace – Fast or Slow
General vs. Detailed
Tone – Soft or Loud
Sensory Language
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Simple, yet vivid language
Both you and the witness
Examples
4. Use Exhibits
 Get
the witness off the stand
 Admit correctly
 Use correctly
5. End on High Note
Primacy/Recency
Damages
Never
on an Objection
Sustained
Volunteer Bad Information
Questions to consider:
How damaging is the information?
Can it be brought up gracefully?
Bury bad information.
Bruno Hauptmann Trial (1935)
Cross-Examination:
Q. You were adjudged
insane some years ago,
were you not?
A. Yes.
Q. That is all.
Question Technique
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Nonleading
Directive
Looping
Transitions
Explain complicated terms*
Avoid Legalize*
Position*
Nonleading, yet directive

Tell us about yourself?

Where do you live?

Tell me what happened
that day?

At the corner of 5th St.,
what did you see?

How feel during the
robbery?

When the man put the
gun in your side, how did
that make you feel?
Looping questions
A. The man said, 'Please don't hurt me, I
won't say anything and Tex shot him
four times."
B. "After Tex shot him four times
what happened?"
Transition Questions
I
want to turn your attention to . . .
 Now
I want to ask you some questions
about . . .
 Let’s
focus for a minute on . . . .
The Rules of Evidence

Nonleading questions – reporter type questions

No more then one question at a time (Compound Question)

No repeat questions (Asked and Answered)
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No asking a witness to guess (Calls for Speculation)

No anticipating the witness’s testimony (Assuming Facts not
in Evidence)

No questions that call for a narrative
Redirect Examination
Not a rehash of the direct
Rebut
Explain
Development of information elicited on cross
Reestablish mood of direct
End on a high note
Do not end on an objection
Verbal Ticks
and, uh,
um, okay
etc.
Practical Tips
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Headings
Page and Line #s
Listen to answers
Steal other’s work/save own
Listen to answers
Cannot be done in one draft