This session will focus on the conducting
direct examination of witnesses at deposition and trial in civil cases.
Following
the direct examination of a witness, cross examination is the follow - up questioning («examination»).
Advised on an internal forensic investigation and
direct examination of witnesses for an employee misconduct matter with high media attention.
Not exact matches
By
directing answers to the decision maker and seeking their assistance the
witness can carry out their role despite the techniques
of cross
examination.
Tags: bc injury law, Cabezas v. HTMQ, Master Harper, pre-trial
examination of a
witness, Rule 7, Rule 7 - 5, Rule 7 - 5 (1) Posted in BCSC Civil Rule 7, Civil Procedure
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Trial Techniques:
Direct and Cross
Examination of Expert
Witnesses Guest Lecturer, Los Angeles Trial Lawyers Association Seminar (October 1994)
On 17 May 2018, CAM and IAA will host the course: «
Examination of witnesses: Cross-
examination,
direct and re-
direct a demonstration
of common law practice».
After Petitioner questions each
witness (i.e.,
Direct Examination), the other party will have an opportunity to ask questions
of the same
witness (i.e., Cross
Examination), the Petitioner will then have the opportunity to ask another round
of questions to address issues raised in the questions asked by the Respondent (i.e., Redirect
Examination).
The wife had presented only one
witness, and the husband's counsel had not even finished with
direct examination of the husband.
In his decision, the judge noted first that Charging Party was a «highly uncooperative
witness, who effortlessly answered virtually all
of the General Counsel's
direct examination queries, but then responded to equally simple cross-
examination questions with delays, pauses, additional questions, recollection issues, and reported confusion.»
Under such an approach, the
direct examination should be tightly controlled by the examiner, the
direct -
examination witness should be given little or no leeway, and the attention
of the fact - finder during
examination should be on the examiner, not the
witness.
A number
of advantages can be realized by using cross-
examination techniques to conduct a
direct examination and thereby argue your case through the window
of a
witness.
Thus, like cross-
examination,
direct examination becomes an opportunity for the examiner to argue his or her case through the window
of a
witness.
Similar to cross-
examination, the examiner can argue the case through the window
of the
direct -
examination witness.
It seems undeniable that in a trial, if one
of the lawyers spends 80 or 100 percent
of his or her cross - and
direct -
examination time arguing his or her case through the window
of the
witnesses on the stand and the opposing attorney using traditional methods gives up the opportunity to argue the case during
direct examination (and as a result is able to argue his or her case through the window
of the
witnesses on the stand only 50 percent or less
of the time), the first lawyer will have the advantage.
The advantage
of arguing the case through a
witness on
direct examination is that it is powerful and undeniable, and it allows you to repeat and emphasize important points.
Jan instructs the Fall Trial Advocacy Class, examining topics related to all aspects
of the trial process, including openings,
direct examinations, cross
examinations, expert
witnesses, and summations.
In
direct examination, he testified that at the scene
of the accident a
witness had written down the accident location on his vehicle registration papers and he could not read her handwriting so reported to ICBC that the accident had happened in New Westminster and that he was coming from Douglas College.
Advances have been made in the quality
of communication via videoconferencing, which has all but eliminated the problems often associated with videoconferencing in the early days
of its use, which involved time delays in the transmission and which in turn frequently resulted in counsel and
witnesses talking over each other and which made for a less than satisfactory method
of conducting both
direct or cross
examination.
The students conducted
direct and cross
examination of four
witnesses and upon their recommendation, the judge conducted a watermeier hearing with the minor which lasted over an hour, after which, the judge granted the father sole custody
of the minor.
To the extent called to the attention
of an expert
witness upon cross-
examination or relied upon by the expert
witness in
direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject
of history, medicine, or other science or art, established a reliable authority by the testimony or admission
of the
witness or by other expert testimony or by judicial notice.
As @cpast correctly points out in his comment, the rules allow
direct examination of hostile
witnesses.
(f) At the conclusion
of direct examination, the opposing party or his counsel may cross-examine the
witness.