The Direct Examination (Part Two)
Direct examination is the most important and most difficult part of a trial.  It is the most important because cases are won or lost on facts, and direct examination is your best opportunity to present the facts that support your case.  It is the most difficult because the questions must be precise and non-leading, and they draw many objections.
Distinguish leading from non-leading questions.
In leading questions, the lawyer provides or suggests the answers.  In non-leading questions, the witness provides he answers.  
Ask non-leading questions.
 They are not only required on direct, they are also more persuasive than leading questions, because the witness testifies instead of the lawyer.  
Begin your Questions with who, what, when, where, how and sometimes why.
BAD: What is your present occupation?	
GOOD: What work do you do?
BAD: At what point did you exit the vehicle?
GOOD: When did you get out of the car?
BAD: What sort of implements did you utilize?	
GOOD: What kind of tools did you use?
BAD: At what location was the establishment?	
GOOD: Where was the store?
Use the term “describe”
Q: Describe what your kitchen looked like after the fire.
A: It was chaos. The cabinets were gone, the appliances were charred and the counters were ruined.
Include questions that suggest every possibility.
Q: Was the impact light, heavy, or somewhere in between?
Q: Was he short, tall, medium height, or something else?
When necessary, use archaic -- but well-known -- courtroom language.
As a general rule, avoid legalese and use plain language.  There are times, however, when you need to use legal jargon that the judge knows and accepts as proper.  Judges often sustain objections beginning with the word “did” as leading.  When you need to ask a “did you” question, begin the question with: “did there come a time when …” or “did you have occasion to…”  Those introductions are time=honored and the judge will usually permit the question.

BAD: Did you go to the Rowdy Bar?
GOOD: Did there come a time when you went to the Rowdy Bar?  
 A: Yes, after the game.
“What, if anything?” and its variations are awkward, but they too are time-honored and useful.
BAD: What efforts did you make to notify the plaintiff?
(Opposing Counsel): Objection.  Lacks foundation.  Assumes he         
GOOD: What efforts, if any, did you make to notify the plaintiff? (Witness): I wrote him a letter; I left two phone messages and three emails.

BAD: What did you do after that?
(Opposing counsel}: Objection! No foundation.
GOOD: What, if anything, did you do next?
Witness: The band started playing “Stars and Stripes Forever”

Ask Closed-Ended Questions
Closed-ended questions call for short, precise answers.  The question keeps the witness and jury focused on specific facts and each question-and-answer moves the story forward persuasively.  You also have better control of both the witness and the dynamics of the examination.
Q: What color was his shirt?
Q: Where was the July meeting held?
Q: How many passengers were on the bus?

Open-ended questions are too broad, and do not provide you with sufficient control of the testimony.
Q: What happened next?
Q: Tell us what happened.

Open-ended questions hamper the direct because the witness may not know how much detail to provide and may omit important facts.  Closed ended questions, in contrast, help the witness introduce the facts step-by-step.

BAD: What happened next?
A: I told the police what happened.
Vs. 
GOOD: What did you do after the defendant ran out of your apartment?
A: I just stood there crying and shaking.
Q: [softly] How long did you stand there?
A: About five minutes.
Q: And how were you feeling after five minutes?
A: Well, I calmed down and stopped shaking.
Q: What did you do after you calmed down?
A: I called 9-1-1.

When you need to ask an open-ended question, sharpen the question.
Q: What was the very next thing you [did/heard/saw/etc.]?

Use Simple Words
Use words that are clear and immediately understandable.  Discard words that are not used in ordinary conversation, and replace them with simple ones.  
BAD: What is your present occupation?
GOOD: What work do you do?
BAD: At what point did you exit the vehicle?
GOOD: When did you get out of the car?
BAD: What sort of implements did you utilize?
GOOD: What kind of tools did you use?
BAD: At what location was the establishment?
GOOD: Where was the store?
 
Avoid “Prior” and “Subsequent”
BAD: Prior to the most recent meeting, but subsequent to the initial meeting, how many pieces of correspondence did you direct to the defendant?
GOOD: Between the first and last meetings, how many letters did you send to the defendant?
BAD: For how many years prior to the accident had you been employed?
GOOD: How long had you been working before the accident?

Avoid “Exactly” and “Precisely”
BAD:  Exactly how far were you from the corner?
GOOD: About how far were you from the corner?

Avoid deposition language
BAD: Were there any traffic-control devices at the intersection?
GOOD: Was there a traffic light, a stop sign, or some other kind of signal at the intersection?
BAD: How many health-care providers rendered treatment to you?
GOOD: How many doctors did you see?

Define Jargon
Have your witness define jargon or technical terms, or define the terms yourself.
Q: Inspector, Callahan, when you say “radio-monitor-patrol”, is that what we would call a “police car”?
Q: Mr. Norton, what do you do as an engineer in Subterranean Sanitation?  A: I work in the sewers.

NOTE: The jurors are hearing the facts for the first time.  Do not give them the extra burden of trying to figure out what you are talking about.  Use single-syllable words wherever possible.  Keep it simple.