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How is a witness first introduced to court?

 
 
Reply Fri 12 Sep, 2008 08:44 pm
In court, how does a lawyer introduce a witness? What exactly do they say? How is the name of the witness told.. I mean, does the lawyer say something like ,"I present to you Mr. Atkinson, a scientist and a witness in this case" or does he just say something similar to, "This is the witness. Tell us about yourself Mr. Atkinson" & the witness proceeds to say that he is a scientist and the like. I need to know to construct the beginning of a mock trial script. Thank you for your help.
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parados
 
  2  
Reply Fri 12 Sep, 2008 09:09 pm
@loveislikearose3,
The rules are probably different in different countries. Which country are you asking about?
loveislikearose3
 
  2  
Reply Sat 13 Sep, 2008 12:25 am
@parados,
the US.
OmSigDAVID
 
  1  
Reply Sat 13 Sep, 2008 02:23 am
@loveislikearose3,
We have many jurisdictions in America; thay can vary on many things.

In NY, counsel will send someone to get his next witness,
who is probably waiting outside the courtroom,
so as not to have been influenced by prior testimony, unless he is the first witness.
Counsel will have him take the witness stand.
The court reporter will take the correct spelling of his name.
Someone will take the witness ' oath or affirmation to tell the truth,
possibly the court reporter, a court clerk or bailiff, maybe the judge.

Counsel will then begin direct examination,
possibly beginning with his name. The record might begin with
an inscription like: "Joe Blow, having been duly sworn, attested as follows:"
Question: . . . "Mr. Blow, will you tell the court where you were at 9pm on April 1st, 2000 ?
Answer: . . . XXXXXXXX
Question: What, if anything, did you observe at that time & place?





David
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OmSigDAVID
 
  1  
Reply Sat 13 Sep, 2008 02:52 am
@loveislikearose3,
It is not proper for a
" lawyer say something like ,"I present to you Mr. Atkinson,
a scientist and a witness in this case" " because in that case
that lawyer is testifying instead of the witness,
and then that lawyer then becomes an unsworn witness in the case.
Adverse counsel shoud object to that.

If counsel is offering an EXPERT witness
(e.g. an M.D. or an engineer, or a handwriting expert)
then he asks him about himself
and asks him to testify as to his curriculum vitae.
If the expert has a printed c.v., counsel will usually offer it into evidence,
after which he moves the court for a finding that the witness
is an expert in the applicable subject matter.
Adverse counsel might object, or request a voir dire of the court,
after which he objects to a finding of expertise, or does not.
After direct examination is finished, adverse counsel
has the opportunity to cross examine.
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