How many of us cue up the “sad trombone” every time we think of doing direct examination? Direct is renowned for being a boring slog through facts and faces as we make on our way to the fireworks of cross and closing. Yet, if you’re not using direct to tell a clear, persuasive story, you’re going to lose your case. According to Judge Amy Hanley and Dennericka Brooks, when you approach direct with the same zest as you do cross, you’ll get the best out of your witnesses, avoid rambling or baffling testimony, and tell the tale jurors are keen to hear.
Topics
3:42 Why don’t people love doing direct?
6:44 Common mistakes
10:49 Telling the story
12:18 Organizing your direct
14:09 Headnotes
16:29 Exhibits, visuals, and demonstratives
22:36 Witness prep
27:55 Reluctant or difficult witnesses
35:00 Bad facts
40:57 Demeanor
46:00 Redirect
49:55 Signoff question
Quote
“I will say, first and foremost, that you have to be prepared that no matter how well you prepare a witness, they will get on the stand and say something they weren’t supposed to say, something that will throw you off. It’s just going to happen.” Dennericka Brooks
Resources
Hon. Amy Hanley (bio)
Dennericka Brooks (bio)
NITA Women in Trial (course)
The Tense Trio (podcast)
Direct Examination: Being the Guide for Your Jury (webcast)
Harnessing Your Power on Cross-Examination (webcast)