examinationinchief

Examination-in-chief, also known as direct examination, is the initial examination of a witness by the party who called them to testify in a trial or other proceeding. Its purpose is to elicit a coherent and nonconfrontational account of the facts from the witness, laying the foundation for the evidence they will present. The examination-in-chief is intended to present the witness’s testimony in the witness’s own words, with questions designed to draw out relevant details and sequence of events.

In practice, questions during examination-in-chief are typically open-ended and non-leading in nature, encouraging narrative responses. Leading questions—questions that suggest their own answer—are generally avoided on direct examination, though there are customary exceptions for preliminary matters, undisputed facts, or when a witness is deemed hostile or adverse.

Following the examination-in-chief, the opposing party may conduct a cross-examination, aimed at testing the witness’s memory, credibility, and reliability, and to cast doubt on the testimony presented. After cross-examination, the party who called the witness may offer a re-examination to clarify or rehabilitate testimony on issues that arose during cross-examination, typically limited to matters brought out in cross-examination.

The term is most commonly used in common law jurisdictions; in many places it corresponds to what is called direct examination. The procedures and permissible questioning can vary by jurisdiction, but the basic structure—direct examination, cross-examination, and possible re-examination—serves to establish and challenge witness testimony in a formal legal process.