Direct Examination is the process of getting evidence from witnesses under the court of law. The witness will be called for trial and he will be questioned. It is an important part of the trial process. At the time of direct examination the witness can explain their points, but when it is in time of cross-examination it is not possible. During Cross-examination, the only witness can answer to the point of questions that were asked by the opposite lawyer. The leading questions are asked during the time of cross-examination. In cross-examination, the attorney is always trying to take the control. Thus the witness can explain all the details to the court at the time of Direct Examination.
The Direct Examination is very crucial. In this time the ball is under the control of the party who presented the witness, at this time they can explain the material facts and also the knowledge of the witness in front of the court. One of the main aims of the Direct Examination is that the party who presents the witness on the court to strengthen their side by displaying the facts and providing information by the witness, and they get the chance to weaken the others witness or details that they provide also they can increase the credibility of them. At that time lawyers provide the constraints that help to block the questions especially the leading questions.
Leading questions are not asked by the lawyers in direct examination. They ask questions that have the answer ‘yes’ or ‘no’. For example, Was the man wearing a red hat? The answer to this question is only yes or no. At this time the lawyer provides the time to the witness to give more explanation about the case. When we are presenting witness our aim is to give more evidence that helps your case and become proof. Senior Advocate avoids the leading question at the time of Examination in chief.
Unfavorable witness and Hostile witness are the two categories of the witness. The witness who categorized as the unfavorable witness the information that is testimony provided by the witness never give a good impact on your case. Before you present your witness on the court you should refresh the memory of the witness by reading the testimony that provided earlier. Even after that, the witness could not refresh their memory as soon as possible you change them from the witness box. For better clarification contact lawyers in South Africa.
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