(4)6.6.1 Direct Examination
(a) Conduct.
Counsel shall elicit testimony from witnesses in a clear, orderly, and respectful manner, ensuring:
- Questions are asked sequentially and logically to avoid confusing the witness or jury.
- Counsel avoids argumentative or suggestive questioning that could improperly influence testimony.
- Witnesses are guided to answer based on their own knowledge, observations, or expertise, not speculation.
- Court-approved accommodations are made for witnesses with disabilities, language barriers, or special needs.
- Counsel may refresh the witness’s memory with prior statements, reports, or documents, provided that disclosure requirements to opposing counsel are observed.
(b) Scope.
All questions must pertain to facts or opinions within the witness’s personal knowledge or, for experts, within their recognized field of expertise. Leading questions are generally prohibited except when:
- used for preliminary background information;
- the witness is hostile or adverse; or
- the court grants permission for a specific purpose.
Counsel may introduce exhibits, demonstratives, or visual aids to clarify testimony, provided proper foundation and authentication are established. Witness testimony must remain within the bounds of relevance as defined by (4)5.1.1, and shall not introduce collateral or immaterial matters unless directed by the court. Counsel must ensure that testimony is presented in a manner that avoids cumulative repetition, prejudice, or confusion as outlined in (4)5.1.2.
(c) Improper Conduct Prohibited.
- Coaching witnesses, suggesting answers, or rehearsing testimony beyond legitimate preparation is prohibited.
- Witness intimidation, harassment, or undue pressure is strictly forbidden.
- Counsel must immediately correct any inadvertent misstatements or misrepresentations made by the witness.