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Legal Dictionary

direct examination

Legal Definition of direct examination

Synonymous


Definition of direct examination

Noun

direct examination (plural direct examinations)

  1. (law): In a legal trial, the questioning of a witness by the attorney for the party who has called the witness to testify.

See also

Further reading

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.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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