What is a voir dire examination Philippines?
VOIR DIRE EXAMINATION—a preliminary examination conducted by the trial judge where the witness is duly sworn to answer as to his competency. THE RULE ON EXAMINATION OF A CHILD WITNESS (A.M. No.
Can Judge cross examine witness Philippines?
But this court, in the exercise of the power to promulgate rules of procedure granted by section 13 of Article VIII of the Constitution, has eliminated the defendant’s right of confrontation and cross-examination in preliminary investigation, and given him only the right to be informed of the substance of the testimony …
How do you conduct direct examination of witness in the Philippines?
Direct examination is your time to introduce your witnesses and have them tell the story through a series of questions and answers. On direct examination, counsel should ask open-ended questions. One way to insure that the questions are open-ended is to ask questions that begin with Who, Why, What, Where, and When.
What are the basic requirements of a child competency as a witness?
— The questions asked at the competency examination shall be appropriate to the age and developmental level of the child; shall not be related to the issues at trial; and shall focus on the ability of the child to remember, communicate, distinguish between truth and falsehood, and appreciate the duty to testify …
Is a child competent witness?
As per Section 118 of the Indian Evidence Act[ii], all persons, including a child or an aged except a tender year, extreme old age, disease-whether of body or mind- or any other similar cause, are competent to be considered as a witness in the court of law if they are able to understand the questions put to them, or …
What are leading questions in court?
As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness.
Can a defendant cross-examine a witness?
Steps in a Trial When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.
What are the characteristics of direct examination?
During direct examination, the lawyer questions a witness to get information before the jury that the lawyer expects will persuade the jury that the facts related by the witness are true, and that the jury should accept and believe them.
In what case does the rule on examination of a child witness apply?
– Unless otherwise provided, this Rule shall govern the examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses.
How do you question a child witness?
Allow the child to use their own words or point to a line drawing. An important question is “Did this happen once or more than one time?” At any time, ask the child to, “Tell me more about that.” If a child gets emotional, describe the emotion and confirm that is what they are feeling.