Law in Practice
Witness Examination Essentials
In Witness Examination, advocates for both the prosecution and the accused obtain relevant and admissible evidence from the witness that will be called in support of their case. This is known as examination-in-chief. Following examination-in-chief opposing legal representatives cross-examine that witness in attempt to undermine the veracity and plausibility of the account given by the witness in examination in chief.
There will finally be an opportunity for the party calling the witness to re-examine the witness over matters that have arisen in the course of cross examination. A witness examination is just a 'snapshot' of the questioning part of a trial.
Video Clips on Witness Examinations
There are some really excellent examples of Witness Examinations (as well as some really bad ones) available on YouTube. Example highlight for fun:
- An extract from the movie Witness for the Prosecution (1957) - Mock Trial Cross Examination (with a Hollywood Spin)
Conduct your own search with the keywords “witness court examination” or from the above videos, view what is in the related box area.
- Wolski, B., Skills, Ethics and Values for Legal Practice, Thomsons Lawbook Co, 2nd edition, 2008
- Hyams, R., Campbell, S. and Evans, A., Practical Legal Skills, 3rd edition, 2007
- Deakin Guide to a Witness Examination [59KB PDF]
- The Queensland Supreme and District Courts Bench Book
A huge amount of practical advice for examining witnesses (as well as every other aspect of trial procedure) by the Supreme Court of Queensland - The Magistrates Court of WA Cross Examination by Accused Fact Sheet 42
A handy fact sheet with plain English information on cross-examination techniques, written by the Department of the Attorney General, Government of Western Australia - The University of Queensland School of Law Witness Examination Guidelines
Excellent Witness Examination Guidelines prepared by the University of Queensland TC Beirne School of Law
