Relevance
On what page in the Evidence Wheel can you find relevance?
Page 4
On what page of the Evidence Wheel can you find foundation?
Page 4
CEC 764 and 767
Leading questions: questions that are suggestive of the answer. They are not allowed on direct examination or re-direct except for preliminary matters, non-controversial, undisputed or inconsequential facts
On what pages of the Evidence wheel can you find "Objections to the Form of the Question"?
Pages 12 and 13
Is this objectionable?
Hypo: A witness testifies “That’s the defendants signature,” but has never testified they are familiar with Ds handwriting.
Yes. Lack of foundation; non-expert opinion must be based on personal knowledge
CEC 210
Relevant evidence means evidence: 1) having any tendency in reason to prove or disprove 2) any disputed fact 3) that is of consequence to the determination of the action, 4) including evidence relevant to the credibility of a witness or hearsay declarant
CEC 700-702
Witnesses must be (1) competent to testify and (2) have personal knowledge
Question presenting two or more issues, but only seeks a single answer
Objection: Compound question
What are you objecting to when you make an objection to form of the question?
Unlike other objections that take issue with the content of the evidence (think objections like hearsay, character evidence), objection to form is concerned with the question itself, not the answers.
What is the best objection?
Hypo:
Case Type: Slip and fall at a grocery store
Attorney: “Isn’t it true that before you were at the produce section you were in the meat section.”
Defendant: “I fell near the produce section where the floor was wet with no warning sign.”
Objection: Lacks relevance, whether the witness was in the meat section before the section with the wet floor has no tendency to prove or disprove whether she was negligent in a car accident case.
CEC 352
Court may exclude logically relevant evidence if its probative value is substantially outweighed by probability that admission will: 1) necessitate the undue consumption of time 2) create a substantial danger of undue prejudice 3) create a substantial danger of confusing the issues, or 4) create a substantial danger of misleading the jury
CEC 1401
A document must be authenticated, which means the party seeking its admission proves the document is what it purports to be.
Asking the witness whether the party is culpable, guilty, liable, etc.
Objection: Calls for legal conclusion
Procedure for objecting to form during a depo
"When a depo question is objectionable because of 'the form of the question,' the opposing attorney must state, 'object to the form of the question' or 'object [citing specific form objection listed in Evidence Wheel Section 7].'"
What is the best objection?
Hypo:
Q - Did you participate in AMG&A's Jeopardy on Wednesday, Sep. 2, 2026?
A - No.
Q - Did you answer any of their questions?
A - No.
Q - Did you raise your hand at all?
A - No.
Objection: Asked and answered.
Is the evidence relevant?
Hypo: The state charges Defendant with "Felon in possession of a firearm." The state and Defendant stipulate that Defendant is a felon. The state now seeks to admit evidence to prove Defendant is a felon.
No. The fact is not disputed.
What foundation must be laid?
Hypo: Attorney attempts to bring a small replica of the faulty piece of an engine that caused the car to crash.
Must establish that the small replica is a "fair representation:" of the faulty piece of an engine. CCT&E 8:440
What is the appropriate objection to form?
Hypo: Plaintiff's attorney calls John Snow as a lay witness in a defamation trial. The attorney asks, "What is the airspeed velocity of an unladen swallow?"
Objection: Calls for an expert opinion. The attorney is asking a lay witness to testify about something that sounds really technical.
Is this objectionable?
Hypo: Tessa Thompson, an expert witness about acting, is asked by the other party's attorney, "Given how bad your latest performance, how can we take anything you say seriously?"
Yes. Objection: Insulting the witness. While the quality of her latest performance may be relevant to her credibility as an expert testifying about acting, the phrasing of the question is incredibly insulting (and wrong because Tessa Thompson is an incredible actress).
Did the lawyer lay the proper foundation in this instance?
Hypo:
Witness: "Yes."
Lawyer: "What is it?"
Witness: "It is a photograph of the sidewalk on Main Street."
Lawyer: "How d o you k now it is the sidewalk on Main Street ?"
Witness: "I see the crack in the concrete where I tripped."
Lawyer: "Is it a true and accurate depiction of the sidewalk as it looked that day?"
Witness: "Yes."
Yes, because the lawyer asked whether the witness recognized the exhibit, asked what it was, whether they recognized it, and whether it was true and accurate.
Is the evidence relevant?
Hypo: D is charged with robbing a corner store at 11PM. At trial, D claims he was at home. Prosecution wants to introduce evidence that Ds cell phone connected to a cell tower near the store at 10:52 PM. Is this relevant?
Yes. Although the evidence doesn’t make it more likely he robbed the store, it does make it less probable he was at home when he said he was.
Is there a foundation objection?
Hypo: Attorney shows a witness a photo and ask “what does this photo show” without the witness testifying they recognize the photo or what it depicts.
Yes, attorney must first establish witness has knowledge to authenticate / identify what the photo depicts
Is this objectionable?
Hypo: Attorney asks the witness, "SO like what if you like I don't know maybe ok sorry what do you remember about the thingy or whatever?"
Yes. Objection: ambiguous, confusing, and unintelligible
What is the proper objection to form?
Hypo:
Witness: "Yea I saw Halpert prank Mr. Schrute by putting his stuff in jello."
Attorney: "When you saw Mr. Halpert terrorize Mr. Schrute by destroying his property, why didn't you intervene?"
Objection: Misstatement of mischaracterization of the testimony.
What is the best objection?
Mark the Attorney: During your deposition, did you say, "I hit her."?
Tommy Wiseau: I did not hit her, it's not true, it's bullshit, I did not hit her, I did, oh hi Mark.
Mark the Attorney: On line 30 of your deposition, does it not say that you did hit her?
Objection: Improper impeachment. Mark did not follow the proper procedure outlined on page 32 of of the Trial Wheel for impeaching with a deposition.