WITNESS EXAMINATION IN CIVIL TRIAL | A LAWYER EXPLAINS

Описание: IN THIS VIDEO WE DISCUSS, HOW TO EXAMINE A WITNESS IN A CIVIL TRIAL? EXAMINATION OF WITNESSES IN CIVIL CASES | CIVIL CASE
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EXAMINATION OF WITNESSES

The Plaintiff begins the presentation of evidence in support of their case-in-chief by calling witnesses to testify and conducting direct examination. The witness may identify photographs and documentary evidence. Generally, a witness may not give an opinion unless they are qualified as an expert in the particular field of questioning. The Attorney conducting direct examination may not ask leading questions - those that suggest the answer.  The Opposing Counsel may assert objections based on the rules of evidence. Common objections are based on questions that are leading, that call for an opinion or conclusion by a lay witness, or that are subject to the hearsay rule. Evidence is considered hearsay if it is an out of Court statement being introduced for the truth of the matter asserted. Hearsay is excluded unless an accepted exception applies. Hearsay evidence is unreliable because it cannot be subjected to cross-examination.

The Judge must sustain or overrule an asserted objection. If the objection is sustained, the Attorney must ask a different question. If the objection is overruled and the witness answers, the Judge's ruling may be appealed after Trial.

After Direct Examination, the Opposing Counsel may cross-examine the witness. Cross-Examination is generally limited to the line of questioning raised on direct. Leading questions may be asked during cross-examination in order to test the credibility of the witness testimony.  Leading questions may also be asked if the witness becomes adverse or hostile to the party who called the witness to the stand.

The strategy on Cross-Examination is to discredit the witness's ability to identify documentary evidence or recollect the facts. The witness testimony and evidence can be impeached and shown to not be trustworthy.  This can be accomplished by showing prejudice or bias in the witness, such as a personal relationship with a party or an interest in the outcome of the case.  Evidence of Felony convictions or crimes involving moral turpitude may be introduced because it is relevant to credibility.

The Attorneys will have an opportunity to question the witness again on re-direct and re-cross examination.  Re-direct is generally allowed, whereas re-cross generally must request the permission of the Court.  The Judge has discretion on what questions to allow on re-direct and re-cross. Generally, re-direct and re-cross is limited to the witness’s testimony that was not already addressed.  Re-direct gives the witness an opportunity to explain any damaging testimony that was elicited on cross examination.   

Pursuant to California Evidence Code section 777, on the motion of any party or sua sponte (on the Court’s own order, without the motion of a party), the Court may order witnesses excluded from the courtroom so that they cannot hear the testimony of other witnesses “to prevent tailored testimony and aid in the detection of less than candid testimony."
00:00 Introduction
00:10 Witness Examination
00:53 Evidence as Hearsay
01:11 The Judge Must Sustain Over Rule
01:34 Cross-Examination
01:58 Strategy