Direct Examination

Definition

A trial deposition or live trial testimony consists of two phases: direct examination and cross-examination. The direct examination precedes the cross-examination and is conducted by the retaining attorney. In the first part of this examination, the retaining attorney attempts to demonstrate the qualifications of the expert witness. Thus, for a neuropsychology expert witness, questions are centered on academic degrees, relevant neuropsychological coursework, pre- and postdoctoral training in neuropsychology, employment history, other relevant experiences, and peer-reviewed scientific publications. At times, opposing counsel may challenge the credentials of the expert witness during the direct examination by requesting the court to voir dire the expert witness. Voir diremeans to tell the truth and in a legal sense refers to additional questions intended to further assess one’s competence to testify. Thereafter, a trial judge decides whether the testimony of the expert...