In California civil cases, direct examination is the process by which a party’s attorney questions their own witness to elicit testimony that supports their case. The purpose of direct examination is to establish facts, provide evidence, and help the witness explain relevant details in their own words. During direct examination, the attorney must ask open-ended, non-leading questions that allow the witness to provide their account of events, offer their expert opinions (if applicable), and clarify important aspects of the case. Leading questions, which suggest the desired answer, are prohibited in direct examination under California Evidence Code section 767, as they may influence the witness’s responses and undermine the fairness of the process.
Direct examination is an essential part of presenting a case because it allows the attorney to control the narrative and build credibility through the witness’s testimony. The attorney should aim to ask clear and concise questions that help the witness communicate their knowledge and experiences effectively, while avoiding any unnecessary or irrelevant details. During direct examination, the opposing party may object to the questions or testimony if they believe it violates rules of evidence, such as being irrelevant or lacking a foundation. After the direct examination, the opposing party typically has the opportunity to cross-examine the witness, where they can challenge the credibility or reliability of the testimony provided. The success of direct examination largely depends on the preparation and presentation of the witness, as well as how well the attorney can draw out relevant, persuasive information.
