#Hostile witness rules of court driver#

The court gives permission to ask a leading question (for example, when your own witness is “hostile” or having difficulty answering a question.The matter is not disputed (for example, ownership of the car) or.People or things are being identified (for example, the name and occupation of the witness).The information is introductory (for example, the time, date, and location of the accident).The only time it is appropriate to ask your witness leading questions is when: There are some exceptions to the general rule that you cannot ask your own witness leading questions. Note that you can ask leading questions when you are cross-examining the other party’s witness. “How fast was the car going?” asks the same question in a way that is not leading. For example, “The car was speeding, wasn’t it?” is a leading question.

A leading question suggests the answer to the witness. Generally, you cannot ask “leading” questions when you are examining your own witnesses.

#Hostile witness rules of court driver#

What did the other driver say to you after the accident?.What happened when you reached the intersection?.Some examples of appropriate questions are:

It is your responsibility to structure questions for the witness to answer so that the evidence is presented to the court in a logical way.Īsk questions that allow your witnesses to tell their stories in their own words. Witnesses provide critical evidence at trial, but they do not take a stand and simply talk about issues in the case. After your direct examination, the other party will be allowed to cross-examine that witness. This is called direct examination, or examination in chief.Īfter your witness has given their evidence, the other party will have an opportunity to cross-examine that witness. When your own witness takes the stand to give evidence and has been sworn in, you will “examine” or ask them questions first.