What questions do defense attorneys ask witnesses?
Asked by: Francisca Mills | Last update: January 9, 2026Score: 4.3/5 (35 votes)
- Weren't you angry with the victim when the incident occurred?
- Didn't you see the victim hit first?
- Weren't you afraid that the victim was going to hurt you?
What is it called when a lawyer asks a witness questions?
1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.
What questions can you not ask a witness?
As a general rule, do not ask leading questions - questions which contain within them the answer, suggest the answer or call for a yes or no answer - or your direct will be interrupted with sustained objections.
What questions do they ask a character witness?
They will question their credibility and the accuracy of their testimony. They will ask how well they know you and if they know any of your bad traits and what those bad traits are. They will ask if their relationship with you might bias their testimony about you.
What are open questions for witnesses?
Open questions are those that seek an open-ended response from the witness, and that do not limit, focus or direct the witness's response except in the most general way.
How to Question Witnesses
What are good witness questions?
Sample Questions for Witnesses
What was the date, time and duration of the incident or behavior you witnessed? Where did it happen? Who was involved? What did each person do and say?
What are examples of opening questions?
- “What do you want to explore first?”
- “What is your plan?”
- “What do you think we should try next ?”
- “How do you think this thing works?”
- “I wonder what will happen when you…”
- “How do you feel about it?”
- “What do you like about this?”
- “Why do you think that happened?”
What is a leading question for a witness?
A leading question is a type of questioning in which the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness and.
What questions do judges ask?
- Can the prosecutor present the charges? ...
- What evidence does the prosecution have against the defendant? ...
- Is the evidence legally obtained and admissible? ...
- Does the evidence establish probable cause? ...
- Does the defense wish to cross-examine the prosecution's witnesses?
What is a witness questionnaire?
If you're the victim or witness of a crime, you may be asked to make a witness statement. This is your written or video recorded account of what happened to you, what you saw, heard or know about the crime. An officer will ask you questions to find out exactly what happened or what you know.
What do defense attorneys ask?
- Can you describe the defendant's demeanor on the day of the incident?
- Did the defendant seem intoxicated or under the influence of drugs?
- What was the defendant wearing at the time?
What should you not do when interviewing a witness?
Do not ask the witness about his/her criminal record (this type of information should have been obtained during preparation for the interview). Volunteer no specific information about the suspect or case. Telling witnesses facts about the suspect or case may influence their memories of the incident.
How to answer defense attorney questions?
Answer only what was asked, not what you think opposing counsel asked or what you think should have been asked. Answering questions you weren't asked could unintentionally give the cross-examiner ammunition to discredit you or the case down the road.
What questions would a lawyer ask you?
- What is Your Case About? ...
- What Are Your Goals in Your Case? ...
- How Do You Want to Communicate With Me and My Firm? ...
- Why Did You Contact Me? ...
- Are You Okay with My Fee Structure?
Can a lawyer tell a witness what to say?
The American Bar Association's Model Rules of Professional Conduct prohibit attorneys from telling witnesses what to say, yet they permit and even encourage them to prepare their witnesses for testimony.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
What not to tell a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
What are good questions to ask a witness?
Ask open-ended questions. Open-ended questions more likely result in learning what the witness knows. “Who was there?” “What was said?” “Why did you do that?” Open-ended questions force the witness to respond. They help in learning about the subject based on how the witness describes himself.
How can I impress a judge?
- Be punctual for the interview.
- Dress formally, as you would if you were called for a job interview.
- Be sincere and honest because every statement you make during the evaluation will be verified. ...
- Be reasonable.
What is the first questioning of 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.
What is a clarifying question?
A Clarifying Question is a question asked about something that is unclear or hard to understand. People ask clarifying questions to avoid any confusion or misunderstanding, rather than as a way to probe, challenge, or open up new avenues of discussion. Example clarifying questions include: When do you need an answer?
What is the hearsay rule?
California's "hearsay rule," defined under Evidence Code 1200, is a law that states that third-party hearsay cannot be used as evidence in a trial. This rule is based on the principle that hearsay is often unreliable and cannot be cross-examined.
What 5 words typically start an open-ended question?
Open-ended questions have several key characteristics: They're conversational in nature. They use the 5 Ws (who, what, when, where, and why).
What are 20 open-ended questions?
- How do you think we could improve these meetings?
- What do you think are the best and worst parts of these meetings and why?
- If you were to run a meeting one week, what would you do?
- What does a good team meeting consist of?
- How would you compare our team meetings to others at the company?
What are examples of good questions?
- What's your favorite way to spend a weekend?
- Do you enjoy what you do for a living?
- What's a book that you'd recommend?
- Are you a morning person or a night owl?
- What's your dream job?
- Do you have any pets?