Direct examination
Questioning of a witness by the party that called them.
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Direct examination, also called examination-in-chief, occurs when the lawyer or party who called a witness questions that person in court. This is part of the process of presenting witness testimony. Its usual purpose is to bring out evidence that supports facts needed to prove an element of the party's case or defense.
During direct examination, leading questions are generally not allowed. This rule prevents the lawyer from putting words into the mouth of a witness who is favorable to their side.
An exception applies if the witness becomes hostile to the calling party. In that situation, the lawyer can ask the court to declare the witness hostile. If the court agrees, the lawyer may then ask leading questions during direct examination.
The techniques used in direct examination are covered in trial advocacy courses. Each direct examination is tied to the overall case strategy, either through a theme and theory or, in more advanced approaches, through a line of effort.
Quick Facts
- Field
- Law
- Known for
- Questioning of a witness by the calling party in a trial
- Related terms
- Cross-examination, Redirect examination
- Key rule
- Leading questions generally prohibited
- Exception
- Hostile witness declaration allows leading questions
Facts from the source article.
Lore & Background
Direct examination, also known as examination-in-chief, is a core component of trial procedure in which the lawyer who called a particular witness poses questions to that witness on the stand. The primary objective is to draw out testimony that supports the facts necessary to prove an element of the calling party’s claim or defense. A defining characteristic of this phase is the general prohibition against leading questions—queries that subtly or overtly suggest the desired answer.
This restriction is designed to prevent the lawyer from improperly feeding testimony to a witness who is likely to be cooperative. However, an important exception exists: if a witness proves to be hostile or adverse to the calling lawyer’s side, the lawyer may request the court to declare that witness hostile. Once such a declaration is granted, the lawyer is permitted to ask leading questions even during direct examination.
The techniques employed in direct examination are formally taught in trial advocacy courses, and each examination is carefully integrated into the broader case strategy. This integration is achieved through the development of a theme and theory, or, in more sophisticated approaches, through a defined line of effort. The process is distinct from cross-examination, which targets witnesses called by the opposing side, and from redirect examination, a subsequent stage in U.S. practice.
Reader's Guide
An exception to the prohibition on leading questions arises when a witness proves hostile to the calling lawyer's side. In such a case, the lawyer may ask the court to declare the witness a hostile witness; if granted, the lawyer may then ask leading questions during direct examination. The techniques of direct examination are taught in courses on trial advocacy, and each direct examination is integrated with the overall case strategy through a theme and theory or, with more advanced strategies, a line of effort. Direct examination is distinct from cross-examination, which is the interrogation of a witness called by one's opponent, and from redirect examination, a subsequent stage in US legal practice.
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Sources
Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.
- Wikipedia: Direct examination (CC BY-SA 4.0).
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