Direct examination elicits testimony from a party's own witness. Leading questions that suggest the answer are generally prohibited, except on preliminary matters or with hostile or adverse witnesses.
The examiner must lay foundations for exhibits and establish personal knowledge before substantive testimony.
Alternative Names:
Direct, Examination in Chief
Why it Matters?
The persuasive weight on direct comes from the witness, not the lawyer, which is why open questions matter. Counsel who lead their own witness produce testimony that sounds scripted and invites sustained objections that break rhythm in front of the jury. Preparation is what makes open questions safe, since the witness must know the territory well enough to answer without prompting.
Frequently Confused with
Related terms
Frequently asked questions
When are leading questions allowed on direct?
Why avoid leading your own witness?
