Direct examination is the initial phase of questioning witnesses during a trial, conducted by the party who called the witness to testify. This stage allows the witness to provide testimony relevant to the case, laying the foundation for the evidence presented by the calling party.
During direct examination, the attorney who called the witness guides them through their testimony by asking open-ended questions designed to elicit narrative responses. The purpose is to introduce facts that support the calling party's case.
Direct examination is subject to rules that prohibit leading questions, except under certain circumstances, to ensure that the witness's own words and recollections are presented without undue influence.
Following direct examination, the opposing party has the opportunity to cross-examine the witness.
Criminal Law: Utilized to present evidence and establish facts from the prosecution or defense's perspective.
Civil Law: Employed to articulate the plaintiff's or defendant's position through witness testimonies.
A common misconception is that direct examination allows for any type of question to be asked of the witness.
In reality, the questioning is strictly regulated to prevent leading the witness (suggesting the answer through the question itself) during this phase, ensuring that the testimony remains unbiased and genuinely reflective of the witness's knowledge and experience.
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