Questioning Checklist

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Directing Examination-in-Chief

Starting Narrative on an Incident

• ask whether they were witness to an incident [describe incident in general terms including rough date], a simple yes or no would do [prior witnesses would establish a foundation to the existence of an incident].
• DON'T start by asking "what, if anything, happened on" so-and-so date
• establish the general time and location of the incident
• ask them to tell what happened by beginning at events immediately before the incident and be sure to tell times, places and names of people when known.

Uncertain of Quantum (time, duration, distance, height)

• establish that they cannot say the answer
• invite them to give best estimate
• confront them with implausible amounts and get them to deny them.
• gradually ask about growingly likely amounts on the upper and lower end.
• Consider taking a typical common sense point of reference from their lives

Honest But Mistaken Witness / Conclusory Claim Witness

Explore Foundation for Conclusion

• Was it assumed
• Was it learned second hand

Overly-Certain Witness

When Did Fact Become Important

• Explore personal importance of observation at the time
• Explore whether the events were recorded
• Explore time when they were notified of importance of this memory
• Explore efforts to remember in response to the notification.

Evasive/Deceptive Witness

Non-answer

• Comment that the answer is not responsive
• Did he understand the question
• Was the answer responsive to the

Memory Problems

• If they say "I don't recall", consider whether they are saying that there is no memory one way or another
• consider asking about whether it would "be expected" or "surprise" that the circumstances would be one way vs another.