Third Commandment: Pre-Plan Organisation and StructureĪ proof of evidence is a document usually produced with the aid of a solicitor that summarises the witness’ version of events in writing.īerman states that too often when he hears a lawyer performing evidence-in-chief, they’re simply formulating questions as they read off the proof like it’s a script. ![]() The questioning lawyer started with focus on the actual crime, rather than developing the background relationship story beforehand.īerman stresses that “a good start”, such as this, should be pre-planned. Setting the scene and delivering facts in chronological order can result in those the evidence is presented to not being “terribly interested in what is to come”.īerman gives the example of a successful starting point in a case involving a woman’s house having allegedly been burnt down by her ex-husband. In establishing a persuasive evidence-in-chief, a lawyer needs to grab the court’s attention from the onset by making it interesting. The rest of the commandments, Berman explains, are all about how to perform this persuasive evidence-in-chief. And if evidence-in-chief has established a “favourable preliminary view”, it’s then much harder to undermine this in cross-examination. Here are the ten golden rules the former judge recommends:īerman stresses that persuasion is key to establishing evidence-in-chief, as most jurors have formed an opinion by the end of the defence opening. When then NSW deputy senior public defender Peter Berman SC published his 2002 paper The Ten Commandments of Evidence-In-Chief, he was following the lead of US lawyer Irving Younger, whose 1975 talk The Ten Commandments of Cross-Examination had been widely influential.īerman was appointed NSW District Court Judge just days after publishing his commandment paper, in which he stressed that the set of rules were needed, as giving evidence-in-chief was becoming less common with the rise of affidavits, so lawyers could no longer rely on their “match fitness”. And they can’t rely on a witness’ opinion. Questions must be relevant to proceedings They must not involve hearsay. Leading questions are prohibited, instead open-ended questions should be asked. There are limitations to the type of questions a lawyer can ask during evidence-in-chief. Also referred to as examination-in-chief, this initial questioning establishes the foundation of either a defence or prosecution case, and it occurs prior to cross-examination. Evidence-in-chief involves a witness being questioned in court by the party that called them to appear. It's difficult to see leading the witness in a sentence.His one-act plays, " Dial L for Latch-Key " and " Leading the Witness ", have been performed at the Upstairs at The Gatehouse theatre in Highgate Village, London, England, starring James Torme, and at The Phoenix Theatre in San Francisco, presented by Off Broadway West."I'm not a lawyer, but it looks like I'm leading the witness, " Bush cracked, breaking into a wry smile as he acknowledged he had been caught reading from the prepared script. ![]() He is the author of the one-act plays, " Dial L for Latch-Key " and " Leading the Witness ", published by Hen House Press.*Will the plaintiff please refrain from leading the witness, and will witnesses for the defense please refrain from hyperbole."I'm not a lawyer, but it looks like I'm leading the witness, " the president replied, to laughter. ![]() "He'd growl at you, ` Son, you don't have to tell me he's leading the witness."You couldn't say, ` Your honor, I object to his leading the witness, "'.Nelson raised a hand and said, " I object, she's leading the witness.In a court of law, it's called leading the witness.CAMPBELL : Judge, I think he's leading the witness.
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