At the trial, things will happen in this order:
- Opening statements
- Plaintiff/Petitioner’s case-in-chief (witnesses and exhibits)
- Direct Examination
- Cross Examination
- Rebuttal
- Defendant/Respondent’s case-in-chief (witnesses and exhibits)
- Direct Examination
- Cross Examination
- Rebuttal
- Final arguments (also called closing statements)
Opening statements
At the beginning of a trial, the judicial officer may allow each side to give a presentation to summarize what the case is about, the outcome they are asking for, and what evidence they will present later in the trial. Witness testimony is a type of evidence.
Direct Examination
When it is your case-in-chief, you -can call witnesses to testify by asking them questions, which is called “direct examination.” To testify means to answer questions under oath (a promise to tell the truth).
Generally, you start direct examination by asking the witness basic questions such as their name and address. If your witness is testifying as a professional, such as a police officer, you might also ask them for information about their work background and experience. Then you can ask specific questions about the information the witnesses have about your case.
Keep in mind that you cannot testify while asking your witness questions. You can only testify if you are a witness on the stand and placed under oath.
Often, the whole story does not come out until several witnesses have testified. In your final argument, you can explain how all the evidence fits together.
Cross-Examination
When you are finished asking questions (direct examination) of your witness, tell the judicial officer. The other party (or their lawyer if they have one) can then ask questions of the witness. This is called “cross-examination.” During cross-examination, the questions must relate to what the witness just said during direct examination. Cross examination can be used to point out problems or weaknesses in witness testimony.
You will also have a chance to question the other side's witnesses during cross-examination. You can also choose not to cross-examine a witness.
Redirect Examination (Rebuttal)
After the other party cross-examines your witness, you may ask the witness more questions in what is called “redirect examination,” or “rebuttal.” Those questions must be related to something discussed on cross-examination. You are not required to ask questions on redirect examination. It is fine to say that you have no further questions.
Final Arguments
After all the evidence is given, you and the other party will be allowed to make final arguments also called “closing statements.” During your final argument, you can explain what you are asking the court to do, and how the evidence presented supports your requests.
Tips for Preparing for Witness Testimony
- Prepare for questioning witnesses ahead of the trial.
- Write down the questions you want to ask your witnesses and note any evidence you need to talk about.
- Practice with your witnesses ahead of time, if possible. Make sure they are ready for your questions and questions the other side may ask.
- Know what your witness will say. Make sure they know they need to tell the truth.
Review the Civil Trial Booklet for more information.
