Legal Definitions - direct examination

Direct examination refers to the initial questioning of a witness in a legal proceeding, such as a trial or hearing. This questioning is conducted by the attorney who called that witness to testify. The primary goal is for the attorney to present their witness's testimony to the court or jury in a clear, narrative fashion, supporting their client's case. During direct examination, attorneys generally cannot ask "leading questions"—questions that suggest the desired answer—to their own witnesses, as the law intends for the witness to provide their own account based on their knowledge.

Here are a few examples:

• Imagine a civil trial where a homeowner is suing a contractor for faulty renovation work. The homeowner's attorney calls an independent building inspector to the stand. During direct examination, the homeowner's attorney asks the inspector questions like, "What defects did you observe in the kitchen cabinetry?" or "In your professional opinion, what caused the structural issues in the addition?" This is the first time the inspector is testifying, and the homeowner's attorney is guiding them to present evidence that supports the homeowner's claim against the contractor.

• Consider a criminal trial where the prosecution is attempting to prove a defendant committed theft. The prosecutor calls a store employee who witnessed the alleged incident. During direct examination, the prosecutor might ask the employee, "What did you see the defendant do near the electronics aisle?" or "Can you describe the item the defendant allegedly took?" The prosecutor is presenting the employee's eyewitness account to the jury to establish the facts of the case from the prosecution's perspective.

• In a family law case involving child custody, one parent's attorney might call a child psychologist to testify about the child's well-being. During direct examination, the attorney would ask the psychologist about their evaluations, observations of the child, and professional recommendations regarding custody arrangements. This initial questioning allows the attorney to present the psychologist's expert opinion to the court, supporting their client's position on what is in the child's best interest.