What is Direct Examination? A Comprehensive Legal Overview

Definition & Meaning

Direct examination refers to the first round of questioning a witness receives during a trial or deposition, conducted by the attorney who called that witness. This type of examination is crucial as it allows the attorney to present their case by eliciting testimony that supports their arguments. Unlike cross-examination, which is performed by the opposing attorney, direct examination focuses on gathering information from the witness without leading them to a specific answer.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: In a personal injury case, the plaintiff's attorney conducts a direct examination of the injured party, asking about the accident and its impact on their life.

Example 2: In a criminal trial, the prosecutor may call a police officer to testify about the events leading to an arrest, asking them to describe what they observed (hypothetical example).

Comparison with related terms

Term Definition Key Differences
Direct Examination Initial questioning of a witness by the attorney who called them. No leading questions; focuses on witness's knowledge.
Cross-Examination Questioning of a witness by the opposing attorney. Can include leading questions; aims to challenge credibility.
Redirect Examination Follow-up questioning by the original attorney after cross-examination. Addresses points raised during cross-examination.

What to do if this term applies to you

If you are involved in a legal case and need to prepare for direct examination, consider the following steps:

  • Review your testimony and ensure you understand the facts.
  • Practice answering open-ended questions with your attorney.
  • Utilize US Legal Forms to access templates that can help you prepare for your examination.
  • If you feel overwhelmed, seek professional legal assistance to guide you through the process.

Quick facts

Attribute Details
Who conducts it? The attorney who called the witness.
Question type Open-ended questions only.
Purpose To establish facts and support the case.

Key takeaways

Frequently asked questions

The purpose is to elicit testimony from a witness that supports the attorney's case.