Direct Examination
Lawyers for the plaintiff or the government begin the presentation of evidence by calling witnesses. The questions they ask of the witnesses are direct examination. Direct examination may elicit both direct and circumstantial evidence. Witnesses may testify to matters of fact, and in some instances provide opinions. They also may be called to identify documents, pictures or other items introduced into evidence.
Generally witnesses cannot state opinions or give conclusions unless they are experts or are especially qualified to do so. Witnesses qualified in a particular field as expert witnesses may give their opinion based on the facts in evidence and may give the reason for that opinion.
Lawyers generally may not ask leading questions of their own witnesses. Leading questions are questions that suggest the answers desired, in effect prompting the witness. An example is, “Isn’t it true that you saw John waiting across the street before his wife came home?”
Objections may be made by the opposing counsel for many reasons under the rules of evidence, such as to leading questions, questions that call for an opinion or conclusion by a witness, or questions that require an answer based on hearsay.
Most courts require a specific legal reason be given for an objection. Usually, the judge will immediately either sustain or overrule the objection. If the objection is sustained, the lawyer must re-phrase the question in a proper form or ask another question. If the objection is overruled and the witness answers the question, the lawyer who raised the objection may appeal the judge’s ruling after the trial is over.
As a handbook for federal jurors points out, a ruling by the judge does not indicate that the judge is taking sides. He or she is merely saying, in effect, that the law does, or else does not, permit that question to be asked. Even if the judge decides every objection against a certain party, he or she is not taking sides or indicating to jurors how they should decide the case.