Use of Specific, Closed-End Questions

- Directs the witness to a particular topic

- Helps avoid confusion, wandering off topic, jumping ahead, and
omitting important points by the witness
- Some Examples:

- May sometimes seem leading and result in an objection

- Allowing the witness to introduce topics and foolw them up
avoids the “assumes facts” objection
- Emphasizes important points and is a great tool for development
Importance of Signposts
- Alerts listeners to changes in topic and transitions in the story
- Provides emphasis to upcoming subjects
- Some examples:
o Now, Ms. Dela Cruz, I’d like to review your background.
Please…
o This takes us to a very important subject: the
representations ComputerCentre made to you. When did
you…
Flow and Emphasis: Step-Step-Step, whirr, Replay-Replay-Replay
- Achieve an appropriate balance between short and long answers
 - One method of balancing the narrative is to lead to key material
with short answer questions, let the witness tell a story, then
follow up with additional short answer questions
- This focuses the attention on the best part of the testimony and
emphasizes its key elements
Setting Scenes
- The step-step-step approach sets the scene for action ensuring
that everyone understands the scene at which the action occurs
- The approach avoids confusion and helps visualization of the
events
Counsel’s Position and Movement During Direct Examination
- Avoid blocking the view of the witness and keep a respectable
distance from the witness box
- When approaching the witness ask, ask permission from the court
Refreshing a Witness’s Recollection with a Writing on Direct
Examination
- If the witness forgets a point, the counsel may show the witness a
document to refresh their memory
- The document need not have been prepared by the witness
- The adverse party is entitled to have a copy of this document used
to refresh the witness’s memory
Refreshing Recollection with Questions
- When a witness testifies to a lack of memory, there is some
leeway to refresh the witness’s recollection with leading
questions
- However, opposing counsel may object if the matter is in dispute
Redirect Examination
 - There are two primary goals in redirect examination
o Correct errors and explain important damaged testimony
from the cross-examination
o Strike a thematic note
- Some matters need explanation from cross-examination. To
decide which of these to cover, the counsel should identify:
o Mistakes that the witness should correct
o Matters important enough to need further discussion
- Generally, a point is important if opposing counsel might use it in
a closing argument or if it could contribute to an adverse verdict
- A thematic or poignant focus is essential to a redirect examination
- Try to organize the questions to reestablish points made on direct
examination
- The following are guides to conducting a redirect examination:
o Stick to the essentials
o Signal your reference points
o Organize your points
o End on a high note
Preparing a Witness for Cross-Examination
- Anticipate and discuss areas of inquiry that you would bring up if
you were cross-examining and help the witness determine how to
address these points
- The witness should appear credible and persuasive.
- Credibility requires that the witness fairly responds to the adverse
counsel’s questions
- Persuasion requires that the witness limit the impact of damaging
points
- Blending these objectives requires the witness to give responsive
answers but take advantage of openings provided by the
opponent in framing questions
Guidelines for the Witness in Responding to questions on Cross-
Examination
- Listen to the Questions – The witness must listen to counsel’s
questions to appear responsive.
- Answer Directly – The witness should make provide a direct
response to the question. Any necessary explanation should
follow.
- Explain as Necessary – The witness should provide any
explanation required to fairly portray their answer.
- Take advantage of openings – Complex, conclusionary, and
argumentative questions fairly call for in-kind responses. In
answering these type of questions, the witness can use points
supporting your side without losing credibility