Direct examination
From Wikipedia, the free encyclopedia
Evidence |
---|
Part of the common law series |
Types of evidence |
Testimony · Documentary evidence |
Physical evidence · Digital evidence |
Exculpatory evidence · Scientific evidence |
Demonstrative evidence |
Hearsay in U.K. law · in U.S. law |
Relevance |
Burden of proof |
Laying a foundation |
Subsequent remedial measure |
Character evidence · Habit evidence |
Similar fact evidence |
Authentication |
Chain of custody |
Judicial notice · Best evidence rule |
Self-authenticating document |
Ancient document |
Witnesses |
Competence · Privilege |
Direct examination · Cross-examination |
Impeachment · Recorded recollection |
Expert witness · Dead man statute |
Hearsay (and its exceptions) |
Excited utterance · Dying declaration |
Party admission · Ancient document |
Declaration against interest |
Present sense impression · Res gestae |
Learned treatise · Implied assertion |
Other areas of the common law |
Contract law · Tort law · Property law |
Wills and Trusts · Criminal law |
Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a trial in a court of law. Direct examination is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense.
In direct examination, one is generally prohibited from asking leading questions. This prevents a lawyer from feeding answers to a favorable witness. An exception to this rule occurs if one side has called a witness, but it is either understood, or soon becomes plain, that the witness is hostile to the questioner's side of the controversy. The lawyer may then ask the court to declare the person he or she has called to the stand a hostile witness. If the court does so, the lawyer may thereafter ply the witness with leading questions during direct examination.
See also cross-examination.