Examination-In-Chief of Jayne Corby

The Objectives:

The aims of conducting Miss Jayne Corby’s examination-in-chief would be:

a) to establish her case or part of it through the evidence elicited from the witness;

b) to present the evidence so that it is clear, memorable and persuasive;

c) to insulate the evidence, in so far as possible, from anticipated attack in cross-examination.


I have organised the key elements of the witness’s testimony in a logical order so that the trier of fact, be it judge, can understand how each part fits into the overall theory of my case. Therefore, I have all along maintained a strict chronological presentation of the evidence on which I intend to question Jayne Corby. She would give evidence in this order:

a)      Background

b)      Prior to the incident

c)      Argument with the Defendant

d)      The Incident

e)      Describe the scratch

f)        Assistance offered from the other driver

g)      Car repairs

Potential Theory: –Property damaged-motor vehicle-Ford Focus Reg LN52 YTT. Value of damage estimated at $375. Moreover, the motor vehicle is intentionally caused damage than the possible accidental damage by the defendant in this case.

Questioning Techniques:

The questioning techniques I have chosen, open and closed questions, transitions and points of reference, this leads to clarify of presentation and enable me to exercise control when required. I did avoid leading questions that suggest or tend to suggest the answer to the witness where the subject matter is in dispute.

Disputed facts:

He denies the long deep scratch along the side of Miss Corby’s car. Instead, he argued she might have scraped a car. As he walked along the side of her car to show her how much space she had, but he might have scratched it with his jacket zip or with a button or something. He further denies that there was a Land Rover Freelander behind Miss Corby’s car, the driver of that car later offered her to be a witness if necessary.


The scratch on the vehicle is described as being 110 cm long, 82 cm from the ground (along the whole of its length) and approx 2 mm deep along the middle 80% of its length (shallower at each end). In trial, Miss Corby would be able to make a strong impression on the value of damage $375, as she is the primary witness in this case.

Preferable Witness:

It is usual, in a large proportion of cases, to start with the witness whose evidence is first in time. Moreover, Miss Corby would make a strong impression in this case and it is an advantage for the whole litigation process to start and finish with a strong witness.