How do you ask a witness in a court question?
You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.
When to ask leading questions and witness statements?
It is a pity that the taking witness statements is all too often a task delegated to the lowest level. As the Shikhell case shows that the drafting of even the most peripheral statements can lead to major problems for those who make them. There are good reasons why leading questions are not allowed when asking questions in evidence in chief.
What is a witness statement in the UK?
In United Kingdom a “witness statement” is a written record of that evidence. An investigator may take a statement from a witness in the course of an investigation. The evidence that the statement contains can affect a number of important decisions connected with the investigation.
Can a witness statement be a place for argument?
“ Witness statements are not the place for argument. It means you have to read everything twice…. A lot of it is tendentious comment which is bound up with fact. I think this witness statement is an example of what a witness statement should not be whether in the Commercial Court or anything else. It is a tendentious advocate’s document.
Can a witness be called as a witness of fact?
A witness is called as a witness of fact. The claimant’s state of mind is not properly a matter for a “character” witness at all. As the judge observed the statements went well into the realm of opinion. They would not have any weight at all. The other question is why the witnesses in the Shikhell case were needed at all?
It is a pity that the taking witness statements is all too often a task delegated to the lowest level. As the Shikhell case shows that the drafting of even the most peripheral statements can lead to major problems for those who make them. There are good reasons why leading questions are not allowed when asking questions in evidence in chief.
In United Kingdom a “witness statement” is a written record of that evidence. An investigator may take a statement from a witness in the course of an investigation. The evidence that the statement contains can affect a number of important decisions connected with the investigation.
“ Witness statements are not the place for argument. It means you have to read everything twice…. A lot of it is tendentious comment which is bound up with fact. I think this witness statement is an example of what a witness statement should not be whether in the Commercial Court or anything else. It is a tendentious advocate’s document.
When should a trial judge intervene to question a witness?
When a trial judge perceives that the examining lawyer is thinking about one thing in his questioning and the witness is obviously talking about some- thing else, the judge should intervene and ask a few simple ques- tions to save time and prevent delay. One must be aware however, that often the lawyer will inten-