Direct Examination

Definition

Direct Examination refers to the process of questioning a friendly witness by the attorney who has called that witness to testify.

Purpose

The purpose of direct examination is to elicit facts and information that support the legal arguments and case of the party who called the witness. This process allows the witness to present their testimony in a clear and structured manner, providing the court with relevant and supportive evidence.

Examples of Use

1. Criminal Trials: The prosecutor conducts direct examination of a police officer to establish the facts of the arrest.
2. Civil Litigation: A plaintiff's attorney performs direct examination of an expert witness to explain technical details relevant to the case.
3. Divorce Proceedings: Direct examination of a financial expert by an attorney to provide insight into asset valuation.

Related Terms

• Cross-Examination: The questioning of a witness by the opposing attorney after the direct examination.
• Redirect Examination: Follow-up questioning by the original attorney after cross-examination to clarify or rebut points made during cross-examination.
• Witness Testimony: Statements made by a witness under oath in a legal proceeding.

Notes

• During direct examination, leading questions (those suggesting the answer) are generally not allowed.
• The goal is to build a coherent narrative that supports the examiner's case through the witness's testimony.
• Preparation of the witness is crucial to ensure they understand the questions and provide clear and relevant answers.