-1

Source: Ontario Small Claims Court - A Practical Guide (2011), p. 12.

(i) Direct Examination of the Plaintiff

§1.31 Following the opening statements, the parties will then embark on the evidential stage. The plaintiff (the one with the complaint) is first to present his case. The self-represented plaintiff will testify in support of his pleaded case. If he has relevant documents (which can include photographs, emails, videotapes and sound recordings), then he will introduce them one by one as they are marked as exhibits. If the plaintiff is represented (for instance, by a lawyer or a paralegal), the representative will question him in the context of the issues. That examination is called "direct examination" or "examination in chief'.

Abbreviate Direct Examination to DE. What motivated the choice of 'Direct'?

My guess: In a DE, the witness should be on the questioning lawyer's side, and so should be answering the lawyer's question helpfully or cooperatively? But how's this direct?

1

See my answer to your other question.

Direct examination is so called because the witness was called by the party examining the witness. Since there is nothing (figuratively) to cross, the examination may proceed directly.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.