How to conduct examination in chief
Examination-in-chief, a key component of bar school assessment and an essential aspect of legal advocacy, plays a crucial role in the practice of law. In this article, I will outline the fundamental principles of examination-in-chief
Examination-in-chief, is the very first opportunity you have the put forward you own case through your witnesses. This process must be comprehensively prepared for. It should be consistent with the case theory and the central theme of the case.
Prior to conduct examination-in-chief, it requires a lot of preparation and understanding of the case. In particular, it requires a comprehensive analysis and evaluation of
• the nature of the evidence
• which witness such evidence should be elicited from; and
• how such evidence is to be presented.
In determining what is relevant, the burden of proof must be examined. The fundamental principle of evidentiary law is that the person who asserts a particular fact bears the burden of proving the fact. If the case depends on the existence of facts which they assert, the burden of proof is on the them to prove the facts exist. The burden of proof does not shift to the other party to refute or explain the same.
When conducting examination-in-chief, it is generally impermissible to ask leading questions. This applies equally to the question posed in witness statements. So now: what is a leading question? A leading question is any question suggesting disputed facts as to which the witness is to testify. Leading questions may not, if objected to by the adverse party, be asked in examination in chief, except with the permission of court. The court normally only permits leading questions as to matters which are introductory or undisputed.
If you wish to elicit evidence that a car is red in colour, a leading question would be: “the car you were driving was red, wasn’t it?” An open-ended question would be “What colour was the car you were driving on that day?”
A non-leading question normally begins with 5 W and 1H -when, why, what, who, where and how. It can also begin with “please describe” and “please explain”.
Simple and clear language should be employed when conducting examination in chief. Evidence should be presented in structured and clear manner.
Always remember that only relevant evidence should be presented. Plan your questions carefully—after all, you don’t want your witness to give evidence that could undermine your case.
Law Tutors Online, UK Law Tutor, Law Assessment, UK Law Notes, Manchester Law Tutor, Birmingham Law Tutor, Nottingham Law Tutor, Oxford Law Tutor, Cambridgeshire Law Tutor, New York Law Tutor, Dubai Law Tutor, Sydney Law Tutor, Singapore Law Tutor, Hong Kong Law Tutor, London Tutors, Top Tutors Online and London Law Tutor are trading names of London Law Tutor Ltd. which is a company registered in England and Wales. Company Registration Number: 08253481. VAT Registration Number: 160291824 Registered Data Controller: ZA236376 Registered office: Berkeley Square House, Berkeley Square, London, UK W1J 6BD. All Rights Reserved. Copyright © 2012-2025.
