Direct Examination

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, who travel most often for my pleasure, do not direct myself so badly. If it looks ugly on the right, I take the left; if I find myself unfit to ride my horse, I stop.... Have I left something unseen behind me? I go back; it is still on my road. I trace no fixed line, either straight or crooked.
    Michel de Montaigne (1533–1592)

    Whilst Marx turned the Hegelian dialectic outwards, making it an instrument with which he could interpret the facts of history and so arrive at an objective science which insists on the translation of theory into action, Kierkegaard, on the other hand, turned the same instruments inwards, for the examination of his own soul or psychology, arriving at a subjective philosophy which involved him in the deepest pessimism and despair of action.
    Sir Herbert Read (1893–1968)