Direct Examination

Direct examination of a witness (or yourself) is the way to start your case. It allows you to tell your story and show the court why you are asking for something.

There are two main ways to question someone in court:

• Direct examination: When you testify on your own behalf or question your own witnesses. This is your opportunity to present or prove your case and highlight the facts that support it.
• Cross-examination: When you question the other party or their witnesses. This gives you the chance to challenge their case.

Note

This guide covers only direct examination. See our separate guide on “Cross Examination.”

Yes! You are allowed to testify on your own behalf. Just be sure to tell your side of the case in a clear and organized way. You are not required to have witnesses. If you do call witnesses, you will need to ask them questions yourself if you do not have a lawyer. See our guide on “Witnesses” for more information.

Direct examination questions typically are open-ended. This means they cannot be answered with just “yes” or “no.” For example, “What school does your child attend?” or “Where do you work?” Good questions often start with:

• Who
• What
• When
• Where
• Why
• How
• Explain
• Describe

When deciding what witnesses to call or questions to ask, keep in mind that questions about someone’s character usually will not help your case. For example, asking your mother to testify that you are a nice person probably is not something the court can consider. On the other hand, if your mother saw something important, you can call her as a witness.

Plan Ahead

• Decide what documents or exhibits you want the court to see. Examples may include court orders, tax returns, hospital, or school records. To learn more, see our guide on “Evidence.”
• Ask the other party for their evidence or request a subpoena if needed. A subpoena is a document the requires witness testimony or specific documents to be produced in court. See our guide on “Subpoenas.”
• Be ready to refer to your evidence during your direct examination.

Organize Your Evidence

• Write your questions in advance. This will help you remember what you want to bring up in court.
• Identify key points you want to make. Focus your questions or statements on these points.
• Think about possible testimony from the other party and their witnesses. This will help you prepare for both direct and cross-examination.
• Organize your questions or statements. You can group questions by topic (for example, all questions about income and then about travel). Or you can arrange them in chronological or reverse chronological order.

• Be calm and respectful to everyone. This includes the jurist, court staff, the other party, and any witnesses. The jurist is the judge, referee, or support magistrate assigned to your case.
• Speak clearly and slowly.
• Take notes. Listen carefully to witnesses. You may need to adjust your statements or questions based on what others say.
• Be specific and detailed to build credibility. Credibility means that you are believable. Giving details in a way that makes sense improves your credibility.

Tip

Although you know your story, this is the first time the jurist is hearing it. Keep it simple so the jurist can understand what you are looking for.

Each court date may be different. Ask the jurist or court staff whether the next date is scheduled for a:

• Conference: This is a meeting to talk about existing issues, explore whether you can settle the case without a trial, or prepare for trial by discussing what witnesses or evidence each party may present.
• Hearing or Trial: This is a formal proceeding where you testify, present evidence, and question witnesses.

Also ask:

• Whether you will be expected to testify or present evidence; and
• How long the next court appearance will be.

1. Short Opening Statements (optional–see below)

2. Petitioner’s Direct Examination
The petitioner presents their case by testifying and questioning their witnesses.

3. Cross-Examination by the Respondent
The respondent questions the petitioner’s witnesses.

4. Redirect Examination (if allowed)
The petitioner may ask their witnesses additional questions to clarify issues raised in cross-examination.

5. Respondent’s Case
The respondent presents their case in the same way.

6. Short Closing Arguments (optional–see below)

You may want to begin your case with an opening statement. You will need to ask the jurist if you are allowed to make an opening statement. Opening statements help the jurist understand:

• What the case is about; and
• What you are asking for.

Note that not all jurists require or allow opening statements in Family Court. If allowed, opening statements should be no longer than 3-4 minutes. In Family Court, there is no jury (only a jurist), so you do not need to spend a long time on an opening statement.

At the end of a trial, you may be able to give a short closing argument, or summation. This is your chance to:

• Review the evidence and explain how it supports your case; and
• State why the other party’s evidence does not undermine your case or does not make sense.

Some jurists allow or ask for oral or written closing arguments, while others may not.

Family Legal Care offers free legal information and advice on New York family law and court procedure. Call our Helpline at 212-343-1122 or visit our Get Help page.

This document only provides legal information and should not be considered legal advice. If you are seeking advice, please consult with an attorney. Family Legal Care does not provide people with legal representation and no attorney-client relationship has been established through your use of this document. Family Legal Care encourages all individuals involved with the Criminal and Family Court systems to consult with a lawyer.