CASE-IN-CHIEF

The section of the trial in which the plaintiff, the party with the burden of proof, presents its case through evidence is the case-in-chief portion. When the plaintiff's side rests the defense may decide to present their case in this manner as well, but often choose to prove their case through simple cross-examination and objection to evidence.

In a party’s case-in-chief, evidence will be set forth meticulously in an attempt to persuade the jury to accept their side of the story. Evidence is presented, be it physical or in the form of witness testimony. Eyewitnesses, witnesses, and experts will be brought forth to testify about what they know or have seen. A range of physical evidence can be presented, from documents to motor vehicle parts.

Witness testimony and cross-examination is a significant part of proving or defending any case. It can take attorneys years of dedication and training to truly master the art of questioning a witness; indeed scores of volumes have been penned on this subject. Although wrought with intricacies that could not even begin to be elucidated in this forum, there is a typical process by which witness testimony progresses.

• The witness is “sworn in” at the stand, affirming their pledge to “tell the truth, the whole truth, and nothing but the truth.”
• A “direct examination” commences, where the party who called the witness to the stand will engage in a (often rehearsed) simple question-and-answer with the witness in order to elicit the pertinent information so as to strengthen their case.
• When the direct examination concludes, the opposing party will have the option to perform a cross-examination. The goal is to question the witness in order to discredit their testimony. This can be done in countless ways, but a skilled attorney will generally do a good job of exposing holes or inconsistencies with the witness’s account of events or attack their credibility.
• Next, there is an option for a re-direct examination carried out by the party who originally called the witness. If there were any negative effects from the cross, this is a golden opportunity to repair any damage done.

When the plaintiff completes their case they will rest, and the defense will present their side and do the same. The plaintiff will then receive and opportunity to present any rebuttal witnesses.

At any point during witness examination objections may be made by the opposing attorney. An objection is a lawyer’s argument that evidence put forth (normally a response to a question by a witness) should not be heard or seen by the court. The evidence can be inadmissible for many different reasons, and objections are typically raised because the evidence is either excluded by law or it is not relevant or has no bearing on the case. The judge will either sustain the objection in agreement that the evidence is inadmissible, or overrule the objection allowing the evidence to be heard. Objections require quick-thinking and a thorough knowledge of the law, as an attorney must be ready to digest and interpret the intention and result of the questions in seconds, and object before the question is answered or evidence is heard by the court.

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