There are many ways to challenge the credibility of a witness. The witness may not be credible because he or she is not a credible person. This can be established in a variety of ways, such as bias, previous convictions for crimes or crimes of dishonesty, or previous inconsistent statements. Nor can the testimony of a witness in a particular situation be credible. With respect to an eyewitness to a collision, you may find that the witness has not had a chance to see what he claims to have seen. Perhaps the witness` memory is simply not accurate. It is always better to question the credibility of a witness` testimony than the credibility of the witness himself. In other words, it is always better to argue that the witness is wrong than to be a liar. The jury will respect you for taking the « big road ». Of course, there are situations in which it is inevitable to call a witness a liar. The testimony of a witness should only be attempted in important cases and must be done well.
Be sure to study and practice impeachment methods before applying them in court. The preparation of the witness for the examination is just as important as the preparation of the lawyer for the examination. Review each question and present it with the witness. Ask the witness what documents he thinks is useful to explain his testimony. Inform the witness that after direct examination, she will be cross-examined by counsel for the opposing party, but will be given an opportunity to explain the answers she was unable to explain during cross-examination. Check the likely points of cross-examination to avoid as many surprises as possible. Ask the witness to show respect for the system and everyone involved. Ask the witness to speak clearly, loudly and in front of the jury. The witness must speak, dress and act appropriately. It is important to remember that how a witness testifies is just as important as the content of his or her testimony.
Show the witness the courtroom. If possible, ask the witness to observe part of a trial to familiarize themselves with the trial. Review all procedures with the witness. If you follow those suggestions, I hope the witness will be both prepared and comfortable. You decide when to call your witness. Calling a witness means asking the judge to take her into the courtroom, swear to tell the truth, and answer questions about what she knows. When it`s time, tell the court your name and the court official will catch you, take you to the witness box and have you sworn in. Your witness will most likely be locked in the (separate) hallway until it is his turn to speak. This allows witnesses to hear what either party has to say and to ensure that their testimony is not influenced by what happened in the courtroom.
The judge or a lawyer present usually requests that witnesses be seized. If not, you can request it. It is a good idea to call for the arrest of witnesses, as it guarantees a fair trial. Use your voice, behavior, and question rhythm to highlight important points. In other words, in a way, tell the jury that this is an important question and that they should listen carefully to the answer. For example, the defence lawyer might say very slowly and thoughtfully, « Ms. Jones, please tell the jury what the accused told you then! » In addition, varying your voice, behavior and pace of questioning will help keep the jury interested. You have called this witness to testify on behalf of your client because he can help you identify the elements you need to win your case. Identify the points you want to make and frame your questions in a way that gets there as quickly as possible. Be sure to stop as soon as you have developed these points sufficiently. Do not annoy or confuse the jury with unimportant or irrelevant points.
Unlike direct examination, the jury should focus on you and your questions. They are indeed witnesses. Therefore, stand before the jury in the middle of the courtroom and ask the witness guiding questions that convey your arguments. Be confident and adopt an attitude, take responsibility, but do not be arrogant. « Could you please tell the court what you saw on January 15, 2018? » This witness is the witness of your opponent and will try to hurt you. Do not ask open-ended questions that allow the witness to explain their answer. Ask leading questions to control the witness. Move to find an answer that does not answer your question or is voluntary. Ask the court to reprimand the witness for not answering the question or for voluntarily giving an answer. DO NOT discuss with the witness.
Keep a cool head and ask leading questions until you get the answer you want. This approach has many advantages. First of all, the point is highlighted and its importance is increased. Secondly, the jury will respect you for your professionalism and patience. And third, the jury will question the credibility of the witness because it tries to avoid answering questions. Details are very important in establishing credibility. You`ve heard the phrase « I have to see it to believe it. » Obtaining details from a witness about what that witness observed paints a picture of what happened and helps the jury « see » and therefore « believe » it. However, the details elaborated should only be mentioned on important points. Details on unimportant matters will only serve to confuse the jury and give the opposing defense attorney an opportunity to accuse the witness`s credibility for minor inconsistencies.
If you call a witness, you will question him directly during an interrogation. If they are not an expert witness, start by asking questions that show how they know you and the other person involved in your case. Judges remember better what they hear first and what they hear last. Therefore, start and end your cross-examination with your strongest and most important points. Well before the trial, you need to know the facts of your case and formulate the theory or topic of your case. You also need to anticipate your opponent`s theory. Only then will you know what you need to succeed. Research the applicable case law and learn the proper basis for admitting the evidence you need. Have case law and legal citations ready to support your position. Talk to other litigators about the issues in your case. Watch as many trials as possible and learn about the practice and procedures of the courtroom where your trial will take place. Learn the rules of evidence and attend as many procedural practice seminars as possible.
Careful preparation will certainly alleviate some of the fears associated with the unknown. You must first ask questions that will help determine how the witness knows that something known as the « laying of the foundation stone » happened on January 15. This could include questions such as: It is important to talk to your witness before you appear in court.