How To Question witnesses when representing yourself.
Prepare to ask witnesses questions if you are representing yourself.You can prepare by doing a practice run with your witness and drafting a list of questions.Depending on whether you are questioning your own witnesses on direct or cross-examining your opponent's witnesses, your approach to asking questions will differ.
Step 1: Interview people who might be witnesses.
Identifying witnesses whose testimony might benefit you is the first thing you have to do.You need to interview them to find out what they know.Think about the incident that is at the center of your lawsuit.The people who saw the accident should be identified.Passengers in your car, bystanders, or passengers in the other car are included in this group.You can get a copy of the police report.People might be identified in the report.Ask the witness if they can meet you.Take a notepad and write down what the witness remembers.
Step 2: Pick your witnesses carefully.
People can help prove your version of events if they testify.It is necessary for witnesses to have first-hand knowledge of what they are testifying to.You might have been involved in a traffic accident.A witness can testify that you weren't speeding.The passenger in the car has first-hand knowledge of how fast you were going.It is not possible to have someone testify to what they heard.It is not possible for your mother to testify that you told her you weren't speeding.
Step 3: Questions should be outlined.
An outline of questions to ask each witness is what you should come up with.An outline will help you remember everything.Background information can be used to outline questions for one of your witnesses.Information about the witness should include name, age, place of residence, education, and employment history.Any weaknesses.The other side will cross-examine your witnesses.If your witness has a felony conviction, the other side might use that information to undermine them.It is possible to ask about it first.You can take the sting out of the revelation by doing this.The witness knows something.The substance of the testimony is what the witness knows and how.Where the witness was and how she got there will be established by you.You can ask her what she saw or heard.Since it's easiest to follow, you should ask the witness what she did in chronological order.
Step 4: Understand important objections.
The other side can object to any question that you ask.When the other side is asking questions, you can raise objections.Objection: the question is compound.You are asking two questions in one.Break up the question.There is a lack of personal knowledge.The witness is being asked to testify to things he didn't see.There was an objection to it.There is an objection to the witness's lack of personal knowledge.A witness might repeat an out-of-court statement in order to prove something.A witness might say, "My sister told me you were speeding."There is an objection to a repetitive question.You shouldn't ask a question more than once.You can rephrase the question if you don't get a clear answer.The witness was misquoted.Listen closely to what the witness says.Follow up with questions if you need clarification.
Step 5: Prepare your witnesses.
You should meet with your witnesses a few days before the trial to discuss the questions you will ask them.The purpose of this practice is to make the witness comfortable with the questions you will ask.The answers for the witness are not being prepared.The witness can answer in his or her own words.You should not tell the witness what to say.If the witness is confused, you can remind him or her of what you said earlier.This practice is important.You want to know the answer to your questions when you go to court.Asking a question and not knowing how the witness will answer is the worst thing that can happen at a trial.
Step 6: You can call the witness.
If you are the case, you will call witnesses first.If you are the accused, you have to cross-examine witnesses.Stand up and say, "Your Honor, I would like to call as my first witness."
Step 7: The witness foundation should be established.
Establishing that the witness has personal knowledge of what he or she is about to testify to is the first thing you need to do.The witness observed what they were testifying about.Asking open-ended questions such as "who, what, where, when, and why" can establish this.If you want a witness to testify that she was in your car during an accident, you would ask a series of general questions without saying anything in her mouth.
Step 8: Do not ask leading questions.
A leading question has its own answer.You cannot ask your own witnesses to answer leading questions.A leading question is, "You were a passenger in the defendant's car on June 15, 2014, correct?"Asking a series of open-ended questions is a better way to get the witness to say yes.
Step 9: You can listen to the answers.
If you do a trial run with your witnesses, you should keep an eye on how they answer.Some witnesses will tell a different story on the witness stand than they did when you first met them.Try to correct any misstatements.The witness may tell a different story on the witness stand.The witness may have lied to you outside the court.He or she is telling the truth after taking an oath.You should end the questioning as soon as possible if this happens.You should be prepared if it does happen.
Step 10: A witness should be refreshed.
You can refresh a witness's recollection by showing them a document.After the witness says yes, you can tell the judge what document you are going to show him.If the other side wants to look at the document, be prepared to show it to them first.The witness needs to refresh their memory by getting as much of the document as possible.If they gave 20 pages of testimony in a deposition, you don't need to hand over the whole thing.Show them the information on the page.You can't tell the witness what to read after you give them the document.The witness should be allowed to read the document.When the witness is done, you can ask, "Did that refresh your memory?" and then take the document back.
Step 11: Thanks to the witness.
Before telling the judge that you are done, be sure to look at your outline and make sure you have covered everything you wanted to.
Step 12: The witness has credibility.
A person with damaged credibility is not believable as a witness.One way to challenge the credibility of a witness is to cross-examine them.You can do this in a number of ways.Show bias.There is an incentive for a witness to lie.teasing out the witness's relationship with the other party can create that impression.The witness might be related to the other party.They could be business associates.Show conflicting statements.At an earlier trial, the witness might have made conflicting statements.The witness can be confronted with their statements.Ask about felony convictions.Evidence that a witness has been convicted of a felony can undermine their credibility.You can ask about a conviction.
Step 13: There are gaps in the witness testimony.
Asking the witness everything he or she doesn't know about the case is an effective strategy.You emphasize how little the witness has to offer by using this strategy.If you were in a car accident, a witness standing on the sidewalk might claim that you didn't brake before hitting the other car.If you want to know how fast the car was going, you can ask the witness.
Step 14: Ask a lot of questions.
On cross-examination, you can ask leading questions.Asking questions which can be answered in a "yes" or "no" format is the best way to lead the witness.You could ask a witness if they were asleep in the car.
Step 15: Questions should be repeated for the witness.
If a witness gets upset or wants to avoid answering a question, he might ask you to repeat the question.He might pretend that he doesn't understand it.You should rephrase the question or calmly repeat it.Don't get flustered.Continue to rephrase the question.If you think the witness is being deliberately dense, you can ask the judge to tell them to answer.
Step 16: Stay polite.
You shouldn't get into a shouting match with the witness.It's a good idea to avoid being sarcastic.Don't ask questions in a disrespectful manner.Some witnesses will give you an attitude.You need to smile.An angry witness can come across as non-credible to a jury and judge.If a witness won't answer a question, ask the judge to tell them to.