Direct Examination in the United States

Questioning of a witness by the party on whose behalf the witness is appearing. Direct examination is the first questioning of a witness. It is followed by cross-examination, which is conducted by the opposite party. If the party on whose behalf the witness testifies wishes to ask questions following cross-examination, it may do so on redirect examination.

Analysis and Relevance

Direct examination allows a party to develop testimony from his or her own witness. The objective of direct examination is to make the strongest case possible through the testimony of one’s own witnesses. The questions posed on direct examination also define the scope of the questions that can be asked on cross-examination because cross-examination is limited to those matters addressed on direct examination. Thus, narrow direct examination may keep the other side from obtaining damaging testimony from a party’s own witnesses.

Practical Information

The first interrogation or examination of a witness by the attorney for the party on whose behalf the witness is called. Direct examination is followed by crossexamination (in U.S. law), which is conducted by the adverse party, or adversary (in U.S. law).
(Revised by Ann De Vries)

What is Direct Examination?

For a meaning of it, read Direct Examination in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Direct Examination.

Meaning of Direct Examination

In plain or simple terms, Direct Examination means: The first questioning of a witness by the attorney for the party on whose behalf the witness is called. Usually proceeds with open ended, non leading questions.

Redirect Examination

After the prosecution has the opportunity to cross examine the defense witnesses, the defense has an opportunity to conduct a redirect examination. Redirect examination is a chance for the defense lawyer to show the jury that the witness got it right on direct examination, that is to say, that the witness wasn’t mistaken in his observation or didn’t draw an illogical conclusion. Redirect examinations should be short and should only be conducted when it is necessary to rehabilitate the witness by clearing up an inconsistency created during the cross examination. Redirect examination cannot go beyond the scope of the direct examination. [1]

Resources

Notes

1. Source: Criminal Defense Wiki

Notes and References

Definition of Direct Examination from the American Law Dictionary, 1991, California

Direct Examination