Proof of the case

[4000] Every case, civil or criminal, can succeed only if it is supported by convincing evidence. Otherwise the case is doomed. The support for the case is by evidence-in-chief. When an advocate calls a witness who gives evidence in answer to the advocate's questions, that evidence is called examination-in-chief.

[4005] The primary art of the advocate is to conduct examination-in-chief in its most persuasive form. The most cogent form of evidence-in-chief is where the story of the witness seems to emerge at the witness's own pace. The advocate seems to play little part, which is as it should be. The seemingly simple story belies the skill of the good advocate. The evidence will be in the right order and it will be complete. If there is no objection from the defence, that is because the advocate has guided the witness away from evidence that is not admissible. Even though the witness is telling the story, the advocate has the witness under control, with only the slightest hint of intrusion here and there. Evidence-in-chief wins most cases.

Defence witnesses

[4010] Once the case is made out, the defence can call witnesses. Sometimes the evidence of defence witnesses is a complete denial of the claim, such as in civil cases where the contract on which the plaintiff relies is a forgery, or in criminal cases, where there is an alibi. More often the defence evidence is intended to cast a different light on the claim.