what do you call it when a lawyer exaimines a witness

Full Answer

Which attorney does the initial questioning of the witness?

The plaintiff's attorney does the initial questioning of the witness, which is called direct examination. The purpose of a direct examination is to get the witness to testify about facts that support the plaintiff's case.

Who can be called as a witness in court?

Generally, following witnesses are called by the trial court as court witnesses: persons who are co-defendants, accomplices, and co-indictees properly. In criminal prosecution, a court can call a witness for testimony upon request of the prosecution.

What happens after the opposing attorney calls the witnesses?

After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect. Once the plaintiff's attorney has called all of the plaintiff's witnesses, the defendant's attorney begins calling witnesses.

How are names and addresses of witnesses obtained in civil cases?

In civil cases, names and addresses of witnesses are obtained either by depositions, interrogatories, or pretrial court order. A witness list approved by a court shall contain the names and addresses of all persons whom a party considers as necessary witness for some reasons. Such witnesses are called either for impeachment,...

What is questioning a witness called?

When you question your own witnesses, this is called direct examination. On direct examination, you will usually only be allowed to ask open-ended questions that do not lead your witnesses in a certain way or influence their answers.

What does it mean to examine a witness?

examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

What is it called when the lawyer who called the witness asks the witness the first set of questions?

The presentation of evidence at trial begins when the attorney for the "plaintiff" (the person suing) begins calling witnesses. The plaintiff's attorney does the initial questioning of the witness, which is called direct examination.

What is it called when a lawyer presents evidence?

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.

What is an examination in law?

It is not a trial but rather a pre-trial process at which lawyers for each of the parties questions other parties or their employees, under oath, about the matters involved in the lawsuit.

What are the three types of witness examinations?

Examination of WitnessesDirect examination / Examination in chief.Cross-examination.Re-Examination. Contents.

What does hearsay mean in law?

Definition. Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.

Why do lawyers say objection during a trial?

An objection is when a party thinks that the other party is not following the rules of evidence or the rules of court. In this situation, that party can formally raise the issue with the judge who is hearing the matter and ask the judge for the appropriate remedy (for example, excluding inadmissible evidence).

How do you examine a witness in court?

In the Code of Civil Procedure, examination of witnesses is enumerated in order XVIII of rule 4 to 16. The examination of a witness by the party who calls that witness is called the Examination-in-Chief. The examination is only confined to relevant facts and leading questions are not asked.

What does deposition mean in law?

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

What are interrogatories used for?

Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.

What is a motion of discovery?

One of the first things that a good criminal defense attorney will do when they take your case is file a Motion for Discovery. This is a formal written request for all of the evidence that the State has that is related to your case.

What happens when a lawyer is called as a witness?

The problem can arise whether the lawyer is called as a witness on behalf of the client or is called by the opposing party. Determining whether or not such a conflict exists is primarily the responsibility of the lawyer involved. If there is a conflict of interest, the lawyer must secure the client's informed consent, confirmed in writing.

What is the difference between an advocate and a witness?

A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof.

What is the role of advocate and witness?

[1] Combining the roles of advocate and witness can prejudice the tribunal and the opposing party and can also involve a conflict of interest between the lawyer and client.

When is a tribunal proper objection?

[2] The tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness. The opposing party has proper objection where the combination of roles may prejudice that party's rights in the litigation. A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof.

Is the tribunal likely to be misled?

Whether the tribunal is likely to be misled or the opposing party is likely to suffer prejudice depends on the nature of the case, the importance and probable tenor of the lawyer's testimony, and the probability that the lawyer's testimony will conflict with that of other witnesses.

How to get names and addresses of witnesses?

In civil cases, names and addresses of witnesses are obtained either by depositions, interrogatories, or pretrial court order. A witness list approved by a court shall contain the names and addresses of all persons whom a party considers as necessary witness for some reasons.

Who can call a witness who is hostile to the prosecution?

A trial court has the discretion to call a witness who is believed to be hostile by the prosecution. Such witnesses may be cross examined by both the state and defense attorney [vi]. A trial court can also call a witness as a court witness if his/her expected testimony conflicts with prior statements.

How to give witness testimony?

Generally, a witness who is called upon as court witness can give their testimony either by revealing their address or by not revealing their address. Witnesses are allowed to give their testimony without revealing their address in the following circumstances: 1 where a trial court discovers a defendant’s interest in a witnesses’ addresses; and 2 where a trial court feels that a witness and his/her family should be given security.

Is it desirable to call witnesses in adversarial proceedings?

Although in an adversarial process calling of witness is a function of the parties, in most criminal cases the practice of calling witness by the prosecution is seldom followed and it is not considered as desirable.

Can a court call a witness?

In criminal prosecution , a court can call a witness for testimony upon request of the prosecution. The rule permitting a trial court to call and examine a witness at the request of the prosecution is considered as quite reasonable, well recognized, and productive of no harm.

Does the prosecution have a duty to cross-examine witnesses?

However, the prosecution does not have a duty to call and examine a witness such as an eyewitness if their testimony is believed to be unreliable, surplusage, ...

What does a witness tell the jury?

Witnesses who take the stand implicitly tell the jury, “I’m a truthful person, you can believe me.”. Opponents can challenge this assertion by introducing evidence to the contrary, calling witnesses who will testify that the person’s reputation for truthfulness is woefully lacking.

What is the court requirement for a lawyer to disclose a witness's statement?

The court may require that the lawyer disclose the statement to the witness during the witness’s trial testimony, including the circumstances under which it was made, and give the witness a chance to admit or deny it. For example, suppose a witness to a fight testifies in court that the victim threw the first punch.

How to impeach a witness?

Impeaching a Witness Through Prior Inconsistent Statements. Confronting a witness with that person’s own statements that are at odds with the person’s testimony is a very common way to impeach the witness. But the opposition can’t just introduce the statement without giving the witness a chance to explain. The court may require that the lawyer ...

Why do the prosecutor call the bar patrons to testify?

After giving the witness a chance to explain them, the prosecutor will call the bar patrons to testify and will argue to the jury that because the bystander described the incident in inconsistent ways, he just can’t be believed.

Why do people not respect the oath they take before testifying?

People who have previously broken the law might have such disrespect for the rule of law that they will not respect the oath they take before testifying—so goes the rationale that underpins the ability of the opposition to challenge that person’s credibility by pointing to a past criminal conviction.

What does a plaintiff do in a business case?

The plaintiff may introduce evidence of the business dealings between the two people and show how the outcome of the case will directly affect the witness. For this reason, the lawyer will argue, the witness’s testimony ought not to be believed.

Can the prosecutor impeach a witness?

The prosecutor, of course, will want the jury to disregard this witness’s testimony in court, which (if believed), would give the defendant a self-defense argument. So the prosecutor will want to impeach the witness and will do so by questioning the witness about his statements at the bar.

Direct Examination

• During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a by…

See more on lawyers.com

Challenging Witness's Credibility on Cross-Examination

Redirect and Recross Examination

Defense's Case