1/31/11 BR- What is YOUR job in the Mock Trial? - Revised policies, list, helping attorneys Today: Direct Examination - Getting the Witness to Tell Their Story

Direct Examination Attorney is asking questions that elicit information from the witnessAttorney is asking questions that elicit information from the witness Attorney MAY NOT ask leading questions (example here)Attorney MAY NOT ask leading questions (example here) Line of questioning must be foundationally correctLine of questioning must be foundationally correct

Laying a Foundation

-Testimony (the witnesses’ story) has to have an uninterrupted story line -With some exceptions. An attorney may NOT skip parts of the story (movie example) -One question must lead to the next (building on each other)

Laying a Foundation Tips: If you think the person has jumped ahead you should object, “Foundation!” If you think the person has jumped ahead you should object, “Foundation!” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Some times it’s a long foundational road to get the 1 or 2 important facts you need.

Foundation Activity Jon Smyth is a 23 year old hockey player from Moose-Jaw, Saskatchewan. He has been playing professionally for the Chicago Blackhawks since he was called up in December of As a rookie player he shares an apartment with the other rookie on the the team, the defendant, Igor Koryluk. Jon has witnessed several angry arguments between the defendant and the deceased Natasha Nabodkin. Jon has witnessed the defendant strike the deceased several times.

Today: Break Into small groups or pairs according to your roles Begin writing a direct examination script (questions and answers) –Q: –A:

Areas to Cover: Introduction Qualifications or relationship to the case Important information relevant to the element you are addressing.

Direct Exam Stems.. These are designed to get the person talking Could you describe Can you tell us about What did you see (hear/smell/taste) Anything else? What happened next? What is the nature of.. Describe for the court

On paper Write out (both atty’s and witnesses) what you want to accomplish with this witness and what information is important. Write out the questions and the answers. We will call witnesses again on THURSDAY! Be sure to do today’s trial journal