Can you ask yes or no questions on direct examination?
As a general rule, do not ask leading questions – questions which contain within them the answer, suggest the answer or call for a yes or no answer – or your direct will be interrupted with sustained objections.
Can you ask leading questions in direct examination?
Primary tabs A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.
Can you only ask yes or no questions in a cross-examination?
Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is …
Can you ask open-ended questions on direct examination?
As a general rule, during direct examination in a family court trial or hearing, a party can expect to answer open-ended questions from their attorney.
How do you ask questions on direct examination?
Ask Open-Ended Questions Instead, questions should use simple words and allow the witness to elaborate on various facts. A general rule is all direct examinations should be open-ended, short questions. To entice a detailed response, questions should begin with: Who, Why, What, Where, and When.
Are yes no questions leading questions?
v. Berry. Williams is a California case that states, “[a] question calling for a ‘yes’ or ‘no’ answer is a leading question only if, under the circumstances, it is obvious that the examiner is suggesting that the witness answer the question one way only, whether it be ‘yes’ or ‘no.
Are yes and no questions leading?
he “rules” on leading questions are commonly under- stood to be (1) a leading question is one that calls for a yes or no answer, (2) leading questions are improper on direct examination, but (3) a lawyer has the right to use leading questions on cross-examination.
What is the difference between direct and cross-examination?
Cross-examination occurs after the witness’s direct examination. Specifically, cross-examination allows the opposing party’s attorney to question the witness in order to uncover information that may not have been disclosed during direct examination or to impeach the witness.
What are some direct examination questions?
Say This: “What, if anything, did you observe?” or “What part of your body bothers you?” This will force a witness to spell out each answer. Avoid This: “Did you see the accident?” or “Does your back hurt?” Both will only elicit a yes or no response and the latter question might be considered as leading.
Is a yes or no question a leading question?
A leading question suggests a particular answer that the questioner desires – most often a simple ‘yes’ or ‘no’ answer.
How do you avoid leading questions on direct?
The easiest way to avoid leading is to begin your questions with the letter “w.” In the words of Rudyard Kipling: I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who. Nearly all of your questions on direct should be short and simple “w” questions.