Procedure
What should the attorney objecting do if they object to a question by the opposing counsel?
Stand and say: "Objection - (and what category of objection)"
During direct examination:
"You went to your mom's house later that night, didn't you?"
Objection: Leading Question.
Say you are entering Exhibit 9 (the medical bill) and the opposing counsel objects to hearsay.
What exception would it fall under?
Who can give their opinion at trial?
Experts
When can you use leading questions?
Cross-Examination
What is the difference between an objection being overruled vs sustained?
Overruled = the objection does not pass the questioning can continue
Sustained = the objection passes and the questioning must move on from that question/testimony
During direct examination:
"Did you determine the time of death by interviewing witnesses and did you request the autopsy report written by the coroner?"
Objection: Compound Question
If you were trying to enter Exhibit 10 (Jordan's medical discharge/summary) and got a hearsay objection, what exception could you argue?
Rule 802(4) - Statements for medical diagnosis (Medical record)
Who are often called to give opinions in a trial?
Doctors, psychologists, forensic experts, etc.
What can you object to?
"Would you say that you look up to Jordan as your older cousin?"
-later-
"So, to be clear, you looked up to Jordan, right?"
Asked and Answered
What is the proper response when the judge issues a ruling you disagree with?
Sit back down
What can you object to when a question calls for an answer that has nothing to do with the case?
Objection: Relevance
If Plaintiff counsel is trying to enter Dr. Sam Chen as an expert in otolaryngology but Defense objects that they don't have any advanced education in the field, how can Plaintiff respond?
Rule 702(a) -
What are opinion questions that are not objectionable?Questions asking an opinion that anyone could give.
Questions asking an opinion that anyone could give.
What materials can help you if you need to explain your objection to a Judge?
The Rules of Evidence
How should you respond to an objection?
Make sure you have permission from the judge first (either the judge will ask you or you will say "permission to respond?"). Then state what the exception is or why it does not fall under that objection.
What can you object to when a question is asked more than once or the witness has the same or similar response as a previous question?
Objection: Asked and Answered.
What are questions that are used to establish the expertise of a witness?Foundation questions
Foundation questions.
What can you object to?
"I'm Riley Quin, and I'm an influencer. I try to screen my sponsorships as much as I can and I list a lot of materials that I need from a company. When I talked with the people from Therabloom I talked with their marketing person. They encouraged me to think outside the box and so I came up with the hack..."
Narrative Answer
What can you do if the other side is lowkey beating you on the objection?
"I rescind my objection, Your Honor."
Be professional and do not try to argue if you are losing; it doesn't look good and will lose you points.
What can you object to when on cross exam the attorney asks about something that was not mentioned in the direct examination?
Objection: Beyond/Outside the scope of direct.
What is a question that an expert witness cannot be asked?
The attorney asks his or her expert witness do you think the defendant committed the murder?
What can you object to?
"I think Jordan lost his sense of smell because of Therabloom, I heard him talking about taking the Therabloom and after that he said his nose hurt."
Lay-Witness Opinion