Examination-in-chief
Examination-in-chief is the questioning of a witness by the party who called them. Its job is to bring out the witness's evidence in their own words, clearly and in order.
The rules
- No leading questions on matters in dispute. You may lead on introductory and agreed matters ("You are Helen Marsh, the finance director?"), but the evidence that matters must come from the witness.
- Refreshing memory. In criminal proceedings a witness may refresh their memory from an earlier document in the circumstances set out in the Criminal Justice Act 2003, s 139.
- Previous consistent statements are generally not admissible to bolster a witness, subject to exceptions (Criminal Justice Act 2003, s 120).
- Hostile witnesses. If your own witness turns against you, the judge may allow you to treat them as hostile and confront them with an inconsistent statement (Criminal Procedure Act 1865, s 3).
- Re-examination follows cross-examination and is limited to matters arising from it — again, no leading.
Technique
- Open questions that still steer: who, what, where, when, how — "What happened next?", "Where were you standing?".
- Headline each topic so the court knows where you are going: "I want to ask you now about the payment run."
- Slow down on the key moment. One small question at a time lets the witness paint the scene.
- Deal with weaknesses yourself before the other side does it for you in cross-examination.
Practise it
The examination-in-chief drill in our advocacy trainer gives you your own witness and an opponent who objects the moment you lead on something in dispute.
Questions
Why can't you lead in examination-in-chief?
Because the evidence must come from the witness, not from counsel. A leading question suggests the answer and reduces the weight of what the witness says.
What is the difference between examination-in-chief and re-examination?
Examination-in-chief comes first and covers the witness's evidence; re-examination comes after cross-examination and is limited to matters arising from it.
Exam rules, fees and dates come from the SRA and change over time — sqe.sra.org.uk is authoritative. Last reviewed October 2026.