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If there is a complicated aspect that we are going to have to face in a hearing, that is undoubtedly the questioning of parties and witness. When and what to ask, at what moment should stop the interrogation or how to ask the questions are doubts that assail us in our day to day in the Courts.

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The purpose of these lines is to give some practical answers to these questions.

  1. Use of clear and simple language, without evaluations. In civil procedure, questions must be asked in the affirmative. We are not in favor of the formula “it is no truer than”, used by some civilian comrades with reminiscences of written civil procedure.
  2. Do not ask leading, impertinent or suggestive questions: considering that we have already prepared the interrogation with the witness, it does not make sense to ask suggestive questions that all they do is reduce credibility in court, in addition to exposing ourselves to the objections of the lawyer contrary and of the judge, a circumstance that always means breaking the rhythm of the interrogation. An exception to this rule is in the initial interrogations about personal situation and background. In those cases, the induced response expedites the testimony.
  3. Give the witness an opportunity to explain himself, if any point of his questioning has been confused or unclear; Let’s redirect the situation through new questions or let’s rephrase the question. Let’s never lose our cool.
  4. Listen carefully to the answers; make annotations: it is important that we be very aware of the content of the answers, even trying to take notes for the final arguments. Otherwise it creates the feeling that we are not interested or that all the answers are ready. On the other hand, the responses of the witness will help us to reason the final conclusions.
  5. Inform the witness of the content of the General Law that the judge will ask at the beginning of the interrogation; This seems basic to us, given that the judge will ask you, among other questions, about the relationship you have with the parties and about your direct or indirect interest in the outcome of the procedure. Before this question, the answer must always be no, since if you answer yes or ambiguously, your testimony will be flawed and we are faced with not being taken into account in the sentence.
  6. Thoroughly prepare our client and witnesses. Let’s not leave anything to chance, let’s review the facts and the questions and cross-questions that we are going to ask them, show them relevant documents for our defense, let’s also illustrate them on stage, how the trial, behavior, clothing, etc. will be developed.
  7. Discredit a contrary testimony: on numerous occasions we are blocked when we finish listening to a witness who has shattered our line of defense. What should we do? Disprove as much as possible that sense of coherence through our cross-questions and a bit of psychology.
  8. How to challenge a negative testimonial; Each person interprets the same reality in different ways because each of us looks at different details, apart from completing them with comments made by other intervening parties in the events, therefore, it may be interesting to show that he was not as sure as he thought he was re-questioning through closed questions, tending to prove a sensory limitation (age, hearing or visual problems), environmental difficulties to be able to see or hear what he said he saw and heard, the time elapsed from the day of the events to the moment of the view or even possible problems of understanding that the witness may have, in terms of language, time control, etc.
  9. A maxim that we must not forget. If, despite what was stated in the foregoing council, we see no way to attack the hostile witness, let us never force the interrogation, let’s say that of “no questions, Your Honor.”
  10. Let us never ask an open question, questions that tend to seek extensive answers from the person being interrogated, from a witness from the other party, that is, from a hostile witness.

Have you been summoned as a witness in a trial and you can’t go?

A witness is that person who is required before a judge or court because it is considered that they can provide information that helps clarify the facts or circumstances that are being tried. When this occurs, the person whose presence is requested must have received the corresponding summons, generally by hand delivery or by certified mail. With the note in hand, if you are not an expert in law, you probably have more than one question.

The law establishes exceptions, such as the non-obligation to testify as witnesses for the king or queen, and others that may affect the general population. This is the case, for example, of the situation of being called to testify as a witness when the defendant is a direct relative in an ascending or descending line (parents, children) and also if it is the spouse (or partner), siblings and relatives, generally up to second grade.

It is important to make clear that the norm does not include advanced age as a possible “excuse” for not being a witness to a trial. It only indicates the possibility that there is a real physical impediment, such as an illness, which justifies the impossibility of duly attending the summons. In these cases, after notifying the court of the situation (providing the documentation that proves it), it is usual for the investigating judge to take a statement at the home of the person who cannot move, provided that this fact does not pose a risk for the health (and life) of that person.

Remember that here at RS Chase Lawyers you will find the most suitable services offered by professionals qualified for your case.