A question that asks about an out-of-court statement as evidence
What is Hearsay?
A frequently raised objection - the question is outside the issue or argument of the case.
When addressing the judge, what two words must we always use?
What is "Your honor?"
Even if an attorney is aggressive or confrontational on cross, a witness must maintain this attitude and tone.
What is calm and respectful?
This objection is made when a question on cross-examination exceeds the content of the witness's direct.
What is "Beyond the scope"
A question that asks about an out-of-court statement as evidence
What is Hearsay?
What is standing up?
Expected answers to cross-examination questions
These are generally considered yes or no questions. Note that the witness doesn't necessarily always have to answer yes or no.
A question on direct that prompts the desired answer in itself.
What is Leading question?
This should be raised if a cross-examining attorney repeatedly asks the same question after it’s been clearly answered.
Before an expert can offer opinions in court, the attorney must first do this to establish the witness’s qualifications and request permission from the judge.
What is: lay a knowledge foundation to enter the witness as an expert in their field
If a witness accidentally gives an incorrect answer, they should do this, either immediately or when given the chance.
What is "politely correct the mistake on the record"?
A question that asks the witness to draw conclusions on matters or events outside their knowledge.
What is Speculation?
if an attorney fails to do this, the objection may be considered waived.
What is object in a timely manner (immediately after a question)
After establishing the expert’s qualifications, this is the formal statement an attorney should make to the court to allow the witness to give opinion testimony.
What is "Your Honor, at this time, we offer [Witness's Name] as an expert in the field of [expertise], and ask that the court recognize them as such?"
Witnesses should avoid this behavior, which can suggest they’ve been coached or are uncertain about their testimony.
What is looking to the attorney/team before answering?
This objects to the witness' response instead of the attorney's question. The witness describes events in a long, uninterrupted story, rather than responding directly to the attorney’s question.
What is Narrative?
This objection is used when an attorney asks a question that is worded strangely or confusing, making it hard for the witness to understand or answer properly.
Must be asked by an attorney before going to question a witness.
What is your honor, may I walk the well?
When opposing counsel objects during a question or while the witness is answering, this is what the witness must do, even if they feel confident about their response.
What is STOP SPEAKING AND LET THE JUDGE RULE?