Post by Jim on Feb 9, 2010 15:45:03 GMT -5
You cannot lead your own witness!
You can lead the opponent's witnesses, but not your own.
It's easy to get what you want out of the opponent's witnesses.
You simply state facts and demand that they tell you (under oath) if what you said is true or not. It's what you see on TV all the time!
You can cross-examine your opponent's witnesses.
In general, you cannot "lead" your own witness.
You can never begin with your own witness, "Isn't it a fact you were standing next to the Bus Stop sign when the light turned red?" That's leading your own witness.
But, you can prepare your witness so he or she will be able to state the facts you want (and only those facts)when the time comes for the court to hear what your witness knows about your case.
How do you "prepare" your own witness before trial or hearing?
Telephone your witness and explain what your case is about, but don't suggest what facts you want the witness to testify about!
Ask your witness to meet you privately (before trial or hearing) in a pleasant environment where you and your witness won't be disturbed. Not a restaurant or bar!
Ask your witness to bring any notes, photographs, audio recordings, books, and anything else that might help refresh the witness's memory of facts related to your case.
Be polite and gratefull without spreading it on too thick. You can't afford to offend a witness you'll be calling on to take time away from a job and family to endure a stuffy courtroom and your opponent's cross-examination just for you! Be certain your witness knows you appreciate the generous sacrifice he or she is making for you!
Tell them you not want to tell them what to say in court, that this is merely an opportunity for you to learn what your witness knows, not a time for you to tell the witness what to say in court. Go further and say, "If I seem to suggest facts I want you to testify about in court, please stop me. I only want to know what you know about my case."
Then, ask your witness to tell you what he or she knows about your case. Do not "lead". Let your witness ramble. If the witness goes off on some tangent, let him or her go and be watchful for information that may lead you to discover your witness knows more facts than you thought your witness knew. If you allow this at trial or during a hearing, it will trigger, "Objection. The witness is giving a narrative." You're not in a courtroom just now. You're having a cup of tea or coffee in a private meeting. Encourage your witness to "Go on, please!"
Take notes.
When your witness mentions a fact you'd like the court to hear, make a gesture, stick your finger in the air, and say, "Now, that's interesting! Tell me more about that, please!"
Notice you are not telling your witness what to say in court! To do so now will backfire on you in court in the most disastrous way!
This is only touching the surface on this subject.
You can lead the opponent's witnesses, but not your own.
It's easy to get what you want out of the opponent's witnesses.
You simply state facts and demand that they tell you (under oath) if what you said is true or not. It's what you see on TV all the time!
You can cross-examine your opponent's witnesses.
In general, you cannot "lead" your own witness.
You can never begin with your own witness, "Isn't it a fact you were standing next to the Bus Stop sign when the light turned red?" That's leading your own witness.
But, you can prepare your witness so he or she will be able to state the facts you want (and only those facts)when the time comes for the court to hear what your witness knows about your case.
How do you "prepare" your own witness before trial or hearing?
Telephone your witness and explain what your case is about, but don't suggest what facts you want the witness to testify about!
Ask your witness to meet you privately (before trial or hearing) in a pleasant environment where you and your witness won't be disturbed. Not a restaurant or bar!
Ask your witness to bring any notes, photographs, audio recordings, books, and anything else that might help refresh the witness's memory of facts related to your case.
Be polite and gratefull without spreading it on too thick. You can't afford to offend a witness you'll be calling on to take time away from a job and family to endure a stuffy courtroom and your opponent's cross-examination just for you! Be certain your witness knows you appreciate the generous sacrifice he or she is making for you!
Tell them you not want to tell them what to say in court, that this is merely an opportunity for you to learn what your witness knows, not a time for you to tell the witness what to say in court. Go further and say, "If I seem to suggest facts I want you to testify about in court, please stop me. I only want to know what you know about my case."
Then, ask your witness to tell you what he or she knows about your case. Do not "lead". Let your witness ramble. If the witness goes off on some tangent, let him or her go and be watchful for information that may lead you to discover your witness knows more facts than you thought your witness knew. If you allow this at trial or during a hearing, it will trigger, "Objection. The witness is giving a narrative." You're not in a courtroom just now. You're having a cup of tea or coffee in a private meeting. Encourage your witness to "Go on, please!"
Take notes.
When your witness mentions a fact you'd like the court to hear, make a gesture, stick your finger in the air, and say, "Now, that's interesting! Tell me more about that, please!"
Notice you are not telling your witness what to say in court! To do so now will backfire on you in court in the most disastrous way!
This is only touching the surface on this subject.
