The Art of Direct Examination
New York State Bar Association Journal - March/April 2017, P.20
Carlson & Imwinkelried, Dynamics of Trial Practice: Problems & Materials in Chapter 7, Section 701 at 232n.1 (6th Edition 2020).
5 Pages Posted: 30 Mar 2017
Date Written: March 14, 2017
The primary purpose of direct examination is to establish the essential proof of facts in support of a claim or defense. One of the first tasks an attorney should perform in starting or defending a case for trial is to prepare the jury instructions. In preparing the jury instructions you will set out the elements of your cause of action or defense. The jury instructions or court's charge should be your bible and road map.
The theme of your case is a one sentence explanation of your theory. A theory is a succinct statement as to why the plaintiff should win or why the criminal defendant is not guilty of the charged crime. Here is a sampling: This is a case about a broken promise; This is a case of self defense.
This article sets out how to authenticate a computer record, business record and the evidentiary foundations for admissibility. Also, how to take a witness on voir dire, leading questions, offers of proof, motion in liminie and expert witnesses.
The advocate should weave the theme throughout the trial to make your direct examination come alive, interesting and compelling.
Keywords: Direct Examination, Trial Practice, Evidence, Witnesses
Suggested Citation: Suggested Citation