Direct examination is when a lawyer questions a witness they have called to present information that furthers their case. The witness is prepared beforehand and guided through a series of questions to present a focused and interesting narrative. After direct examination, the opposition can cross-examine the witness.
Direct examination is one of the cornerstones of a judicial process. During direct examination, a lawyer has the opportunity to question a witness he has called. The goal is to present the jury with information that furthers the attorney’s case. After the conclusion of the direct examination, the opposition has the opportunity to cross-examine the witness. If the attorney so chooses, you may undertake a redirection after cross-examination to highlight important parts of the testimony and minimize potential harms that may have occurred during cross-examination.
When a lawyer calls a witness, he does so because the individual has valuable information about the case at hand. For example, in a homicide case, the prosecutor will likely call the coroner to the witness stand, to discuss how the victim was killed. Since the jury ideally knows nothing about the case, the story that is revealed during direct examination is extremely important, as it establishes the basic facts about the case that the jury will need to have in order to judge fairly.
Usually, a lawyer meets his witnesses before they speak. The attorney wants to make sure the witness understands the type of questions that will be asked. Also, if the attorney plans to use visual aids or introduce evidence during direct examination, he will inform the witness of that material. Ideally, the witness should not be caught on the bench by the lawyer, and the lawyer will not ask a question to which he does not know the answer.
While meeting with the attorney, the attorney may also recommend a style of dress for the witness and will usually prompt the witness to look into the facts of the case. If the witness has already given evidence, a copy of that document will be made available to remind the witness of previous statements that will be substantiated. The idea is to make the witness feel familiar and comfortable with her.
Once at the podium for direct examination, the witness is gently guided through a series of questions planned such that a narrative slowly unfolds. The attorney tries to keep the story focused and interesting so that the jury will pay attention. As the witness testifies, the attorney tries to be as discreet as possible so that the jury isn’t distracted. Once the direct examination has concluded, the counsel indicates that the witness can be handed over to the opposition for cross-examination.
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