What is the meeting called at which an attorney asks questions of a witness before the trial and has the answers recorded in a written transcript?

Asked by: Margie Johns  |  Last update: October 31, 2023
Score: 4.8/5 (11 votes)

A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. A deposition generally serves two purposes: (1) find out what you know; and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial).

What is it called when a lawyer asks a witness questions?

Examination, Direct Examination, Examination-in-chief: The questions which the lawyer asks his own client or witnesses called by him. Cross Examination: The questions which a lawyer puts to the party or a witness on the opposing side. This is designed to test whether the witness is telling the truth.

In what process are witnesses asked questions by the attorney who called them to testify?

Lawyers for the plaintiff or the government begin the presentation of evidence by calling witnesses . The questions they ask of the witnesses are direct examination.

What is the difference between a deposition and an interrogatory?

Usually depositions consist of an oral examination, followed by cross-examination by the opposing side. In addition to taking depositions, either party may submit written questions, called interrogatories , to the other party and require that they be answered in writing under oath.

When plaintiff's attorney calls first witness and asks questions?

When examining a witness, the plaintiff's lawyer asks the questions first, and this is called DIRECT EXAMINATION. The defendant's lawyer then CROSS-EXAMINES the witness. Generally, cross-examination is limited to questions concerning matters brought up in direct examination.

How Do Attorneys Ask Questions At Trial

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What is the order of questioning a witness?

You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.

When an attorney is asking direct examination questions of their witness they want them to?

During direct examination, a personal injury lawyer asks key witnesses a series of questions. The goal is to develop a credible timeline for the injuries. These crucial questions help paint a factual picture of the incident and can make or break whether the judge or jury rules in your favor.

What's the difference between discovery and interrogatories?

Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.

What is the point of interrogatories?

The point of interrogatories is to get information about a party in a lawsuit. In a car accident case, questions you might have to answer on interrogatories could include details about where you live and work, or details about the accident.

Who asks questions in a deposition?

In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, except that there is no judge presiding during a deposition.

What is the process of questioning the witness by the attorney who called the latter to the stand called?

This is called the “direct examination.” Then, the witness is questioned by the opposing lawyer (the defense counsel) in “cross examination.” (Sometimes the process is repeated two or three times to help clear up any confusion.)

What is a witness interview called?

That is called a deposition. You are "deposing" the witness and it is recorded by a stenographer. The witness is questioned by the lawyers under oath under penalty of perjury.

When the defense attorney questions a witness for the prosecution plaintiff what is that questioning called?

Direct examination is when the defense attorney questions their own witnesses, while cross-examination is when the defense attorney questions the prosecution's witnesses.

What is it called when that attorney is asking their second round of questions?

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What are legal terms for questioning?

interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit. interview - A meeting with the police or prosecutor.

What is it called when the other side questions a witness?

Cross-examination is when the opposing party questions a witness. To define cross-examination, it is necessary to consider its purpose. The purpose of cross-examination is to ask questions that cause doubt about the other side's case by pointing out flaws and inconsistencies in the witness's testimony.

What are the two types of interrogatories?

Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information in a case. There are two types of interrogatories: form interrogatories and special interrogatories.

What is another word for interrogatories?

Synonyms of interrogatory (noun inquiry) analysis. audit. check. cross-examination.

What are disadvantages of interrogatories?

Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.

Are interrogatories admissible at trial?

Interrogatories and the answers to interrogatories are generally not admissible as evidence in court. However, the information that is revealed through interrogatories can be used to prepare for trial and to identify potential witnesses or evidence that may be introduced at trial.

Who must answer interrogatories?

Interrogatories are written questions sent by one party to another, which the responding party must answer under penalty of perjury. Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information.

How do you avoid answering interrogatories?

If you are unable to answer an interrogatory because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection.

Can an attorney interview a witness?

A criminal defense attorney or their assistants have a right to ask a prosecution witness for an interview as long as they are not harassing or threatening them.

When witnesses are examined who is allowed to ask questions?

The judge may also ask questions, but must do so impartially. Judges may ask for clarification or may ask additional foundational questions in aid of ruling on an objection, even if doing so benefits one side.

What is direct questioning in law?

Direct examination is the initial questioning of a witness, by the party that called them to the stand. Under the civil procedure rules, leading questions are not allowed during direct examination unless an exception applies.