Legal Definitions - direct confusion

Direct examination refers to the initial questioning of a witness during a trial or other formal legal proceeding. This questioning is conducted by the attorney or party who originally called that witness to provide testimony. The primary purpose of direct examination is for the calling party to present their side of the story or introduce evidence through the witness's statements, guiding the witness to share relevant facts that support their case.

Here are some examples:

• Criminal Trial Witness: In a criminal trial for theft, the prosecutor calls a store security guard to the stand. The prosecutor then asks the security guard questions about what they observed on the day of the alleged theft, such as seeing the defendant take an item without paying and leave the store. This is direct examination because the prosecutor is the party who called the security guard as a witness, and they are conducting the first round of questioning to present evidence supporting the prosecution's case.

• Personal Injury Lawsuit: During a civil trial for a car accident, the attorney representing the injured plaintiff calls a medical doctor to testify. The plaintiff's attorney asks the doctor about the plaintiff's injuries, the treatment they received, and the long-term prognosis. This is direct examination because the plaintiff's attorney called the doctor to testify and is using their expert testimony to establish the extent of the plaintiff's damages.

• Administrative Hearing: In an administrative hearing regarding a professional license, an attorney representing the licensing board calls an investigator to testify. The attorney for the board questions the investigator about the steps taken during their investigation, the evidence collected, and the findings that led to the recommendation for disciplinary action. This constitutes direct examination because the board's attorney called the investigator to the stand and is presenting their findings to support the board's position.