GC: Yes/No sir/ma’am. [Government presents real or documentary evidence]. PHO: (Rank and name of GC), please list all of the witnesses that the government intends to call and the form of testimony (live, telephonic, VTC, etc.) GC: [Government lists all witnesses that the government intends to call at the preliminary hearing]. PHO: The government may proceed. GC: [Oath administered to each witness before testimony]: Do you swear (or affirm) that the evidence that you are about to give at this hearing will be the truth, the whole truth, and nothing but the truth (so help you God)? The typical order is for GC to conduct direct examination, followed by cross-examination by DC. Questions to witnesses must be relevant to the limited purpose of the Preliminary Hearing. The PHO may ask questions at any time, but would usually ask questions after both sides have questioned the witnesses. The PHO may permit re-direct and re-cross as necessary. The GC should conduct the initial examination of all government witnesses; the defense counsel may then cross-examine. If more than one defense counsel appears, the PHO may allow one or more cross-examinations at his/her discretion. The PHO may then pose questions. Counsel for the government should ask each witness to identify himself or herself by name, rank and/or rate and duty station (or, in the case of civilian witnesses, city of residence and occupation). PHO: Does counsel for either side desire further inquiry in of my questions?
GC: Yes/No sir/ma’am. [Government presents real or documentary evidence]. PHO: (Rank and name of GC), please list all of the witnesses that the government intends to call and the form of testimony (live, telephonic, VTC, etc.) GC: [Government lists all witnesses that the government intends to call at the preliminary hearing]. PHO: The government may proceed. GC: [Oath administered to each witness before testimony]: Do you swear (or affirm) that the evidence that you are about to give at this hearing will be the truth, the whole truth, and nothing but the truth (so help you God)? The typical order is for GC to conduct direct examination, followed by cross-examination by DC. Questions to witnesses must be relevant to the limited purpose of the Preliminary Hearing. The PHO may ask questions at any time, but would usually ask questions after both sides have questioned the witnesses. The PHO may permit re-direct and re-cross as necessary. The GC should conduct the initial examination of all government witnesses; the defense counsel may then cross-examine. If more than one defense counsel appears, the PHO may allow one or more cross-examinations at his/her discretion. The PHO may then pose questions. Counsel for the government should ask each witness to identify himself or herself by name, rank and/or rate and duty station (or, in the case of civilian witnesses, city of residence and occupation). PHO: Does counsel for either side desire further inquiry in of my questions?
Article%2032%20Preliminary%20Hearing%20Script%20-%20December%202014.docx