The Direct Examination or Examination-in-Chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the party who called him or her, in a trial. Direct examination is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense.
In direct examination, one is generally prohibited from asking leading questions. This prevents a lawyer from feeding answers to a favorable witness. An exception to this rule occurs if one side has called a witness, but it is either understood, or soon becomes plain, that the witness is hostile to the questioner's side of the controversy. The lawyer may then ask the court to declare the person he or she has called to the stand a hostile witness. If the court does so, the lawyer may thereafter ply the witness with leading questions during direct examination.
Famous quotes containing the words direct and/or examination:
“I make this direct statement to the American people that there is far less chance of the United States getting into war, if we do all we can now to support the nations defending themselves against attack by the Axis than if we acquiesce in their defeat, submit tamely to an Axis victory, and wait our turn to be the object of attack in another war later on.”
—Franklin D. Roosevelt (1882–1945)
“A clergyman, again, can hardly ever allow himself to look facts fairly in the face. It is his profession to support one side; it is impossible, therefore, for him to make an unbiased examination of the other.”
—Samuel Butler (1835–1902)