Examination in chief


Examination in chief meaning

Examination in chief describes the examination of a witness by the person who calls him. This is where the claimant and his witnesses will deliver their evidence. In the vast majority of instances, the evidence-in-chief will consist of the witness statements. In such scenario, once the witness has been sworn in, it is possible that he would be asked to just affirm that the statement he made is accurate. If the court grants him permission to do so, he will be able to elaborate more on what is included in his witness statement.

If the court decides to allow some type of restricted examination-in-chief, the standard rule is that a witness's own advocate is not permitted to ask him leading questions in an effort to persuade him to recount the event. Cousel can only ask his client what? where? when? and how? This is because leading questions are intended to direct a witness's answer. It might be challenging to pin down exactly what constitutes a leading question. In its most basic form, this kind of question is one that hypothesises a solution to a question or makes an assumption about a fact that has not yet been shown.

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