Cross-examination in Thailand is a pivotal skill that every trial lawyer must master. While often overshadowed by the more dramatic cross-examination of hostile witnesses, effectively questioning your own witness—known as direct examination or examination-in-chief—can significantly influence the outcome of a case. Proper planning, careful phrasing, and courtroom awareness are essential to presenting persuasive testimony and safeguarding it from later challenges.

This article outlines 13 strategic techniques for conducting a direct examination effectively, in accordance with Thai courtroom procedures and best practices.

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🎯 Objectives of Direct Examination

• Present facts that support the client’s legal position.

• Preemptively counter possible arguments by the opposing side.

• Establish credibility of both the witness and the legal theory of the case.

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🔍 13 Practical Techniques for Questioning Your Own Witness

1. Avoid Leading Questions

Leading questions—those that suggest the answer—are generally prohibited during direct examination under Thai evidentiary rules. Exceptions may apply when the witness struggles to understand or for minor clarifications, but should only be used with the court’s permission.

2. Use Simple, Clear Language

Each question should be concise and direct. Avoid complex, compound sentences. Simpler questions yield clearer answers, especially for witnesses unfamiliar with legal proceedings.

3. Maintain a Courteous and Clear Tone

Your tone should be respectful yet confident. In Thai courtrooms—especially those with acrylic barriers—volume and clarity are essential so the judge and clerks can hear and record the testimony accurately.

4. Adjust Language to Match the Witness

Tailor your phrasing to suit the background of the witness. For example, use plain Thai when speaking to laypeople and only introduce technical or legal terminology with professionals or experts.

5. Seek Underlying Motivations

Do not stop at “what happened.” Ask “why it happened.” For instance, if the witness lent money to the defendant, explore the reason for the loan and how they knew the borrower to establish context and intent.

6. Anticipate Cross-Examination

Structure your questions so the witness preemptively addresses weak points. If a certain issue might be exploited by opposing counsel, raise it first and control the narrative.

7. Coordinate Witness Testimonies

Ensure different witnesses corroborate one another. Each witness should complement the others’ testimony, creating a consistent, credible timeline and reinforcing key facts.

8. Introduce Exhibits through the Witness

If you intend to rely on documentary or physical evidence, the witness must clearly identify and explain the item’s source, relevance, and content—for instance, verifying the authenticity and purpose of a loan agreement.

9. Conduct Witness Preparation

Schedule a preparatory session to review the witness’s role and expected testimony. However, avoid scripting responses or giving the witness a written “script” to memorize, as it may backfire during live questioning.

10. Master the Case File

Thoroughly understand your case theory and the specific role each witness plays in it. Tailor your examination questions accordingly to ensure a focused and purposeful line of questioning.

11. Ensure the Witness Speaks Loudly and Clearly

Help adjust the microphone if necessary. Remind the witness to speak clearly and project their voice so the record is accurate and uninterrupted.

12. Keep the Witness On-Topic

If the witness begins to digress or elaborate unnecessarily, politely redirect them. Off-topic testimony may be ignored by the court or, worse, introduce inconsistencies.

13. Pause for the Court Record

After each question and answer, pause briefly to allow the judge or court clerk to record the response. This small courtesy prevents errors in the transcript and shows courtroom awareness.

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🧠 Top 3 Tips from Veteran Litigators

• Control the Scope of Testimony – Keep the witness focused and prevent unhelpful elaborations.

• Adapt Language to the Witness – Make questions relatable and comprehensible to each unique witness.

• One Question at a Time – Ask single, clear questions and wait for the court to finish recording before proceeding.

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✍️ Final Thoughts

An effective direct examination is not merely a formality but a strategic narrative. Every answer from your witness must align with the broader legal theory, support the key facts, and prepare the ground for confronting the opposing side’s claims.

For young attorneys or those newly practicing in Thailand, mastering these techniques builds courtroom confidence and maximizes the persuasive impact of your case presentation.

🌐 External Resources

• Litigation & Dispute Resolution Laws & Regulations | Thailand

• An Overview of the Discovery Process in Thai Civil Court Proceedings

• In review: court procedure in Thailand – Lexology

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