Episode description

How many of us cue up the “sad trombone” every time we think of doing direct examination? Direct is renowned for being a boring slog through facts and faces as we make on our way to the fireworks of cross and closing. Yet, if you’re not using direct to tell a clear, persuasive story, you’re going to lose your case. According to Judge Amy Hanley and Dennericka Brooks, when you approach direct with the same zest as you do cross, you’ll get the best out of your witnesses, avoid rambling or baffling testimony, and tell the tale jurors are keen to hear. 
Topics

3:42   Why don’t people love doing direct?   

6:44   Common mistakes

10:49 Telling the story

12:18 Organizing your direct

14:09 Headnotes

16:29 Exhibits, visuals, and demonstratives

22:36 Witness prep

27:55 Reluctant or difficult witnesses

35:00 Bad facts

40:57 Demeanor

46:00 Redirect

49:55 Signoff question

Quote

“I will say, first and foremost, that you have to be prepared that no matter how well you prepare a witness, they will get on the stand and say something they weren’t supposed to say, something that will throw you off. It’s just going to happen.” Dennericka Brooks

Resources

Hon. Amy Hanley (bio)

Dennericka Brooks (bio)

NITA Women in Trial (course)

The Tense Trio (podcast)

Direct Examination: Being the Guide for Your Jury (webcast)

Harnessing Your Power on Cross-Examination (webcast)