Procedural Rules
Aftercross-examination,uptothree,butnomorethan three questions, may be asked by the attorney conducting the direct examination, but such questions are limited to matters raised by the attorney on cross-examination. The presiding judge has considerable discretion in deciding how to limit the scope of re-direct.
Limit on Questions
A statement made out of court (i.e., not made during the course of the trial in which it is offered) is hearsay if the statement is offered for the truth of the fact asserted in the statement. A judge may admit hearsay evidence if it was a prior out-of-court statement made by a party to the case and is being offered against that party.
HEARSAY
You kill her then bury the body, didn't you?
Compound Question
Witnesses who are not testifying as experts may give opinions which are based on what they saw or heard and are helpful in explaining their story. A witness may not testify to any matter of which the witness has no personal knowledge, nor may a witness give an opinion about how the case should be decided. In addition, a non-expert witness may not offer opinions as to any matters that would require specialized knowledge, training, or qualifications.
OPINION TESTIMONY BY NON-EXPERTS
If a witness is unable to recall a statement made in an affidavit, the attorney on direct may show that portion of the affidavit that will help the witness to remember.
REFRESHING RECOLLECTION
A judge may admit hearsay evidence if it was a prior out-of-court statement made by a party to the case that amounts to an admission that is against that party’s interest at trial. Essentially, the party’s own out-of- court statement is being offered into evidence because it contains an admission of responsibility or an acknowledgment of fault.
What did you do on Saturday, February 3rd?
Narration
A student-attorney may not ask a student-witness a question that the student-attorney has already asked that witness. Such a question is subject to objection, as having been asked and answered.
ASKED AND ANSWERED
Attorneys may only ask questions that relate to matters brought out by the other side on direct examination, or to matters relating to the credibility of the witness. This includes facts and statements made by the witness for the opposing party. Note that many judges allow a broad interpretation of this rule.
SCOPE OF WITNESS EXAMINATION
A statement contained in a treatise, periodical, or pamphlet is admissible if:
(A) Thestatementiscalledtotheattentionofanexpertwitnessoncross- examination or relied on by the expert on direct examination; and
(B) The publication is established as a reliable authority by the expert's admission or testimony, by another expert's testimony, or by judicial notice.
If admitted, the statement may be read into evidence but not received as an exhibit.
STATEMENTS IN LEARNED TREATISES
You killed her on Thursday, correct?
Form of the Question
Questions that are compound in nature should be avoided and may be objected to by counsel. A compound question requires the witness to give one answer to a question, which contains two separate inquiries. Each inquiry in an otherwise compound question could be asked and answered separately.
COMPOUND QUESTION
These rules govern all proceedings in the mock trial competition. The only rules of evidence in the competition are those included in these rules.
SCOPE
A judge may admit an out-of-court statement of a declarant’s statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. The rationale for this exception is that a declarant’s description of an event as it is occurring is reliable because the declarant does not have the time to think up a lie.
PRESENT SENSE IMPRESSION
You killed her?
Trick Question! No Objection
Questions that are argumentative should be avoided and may be objected to by counsel. An argumentative question is one in which the cross-examiner challenges the witness about his or her inference from the facts, rather than seeking additional facts.
ARGUMENTATIVE QUESTION
Only relevant testimony and evidence may be presented. This means that the only physical evidence and testimony allowed is that which tends to make a fact which is important to the case more or less probable than the fact would be without the evidence. However, if the probative value of the relevant evidence is substantially outweighed by the danger that the evidence will cause unfair prejudice, confuse the issues, or result in undue delay or a waste of time,the court may exclude it. This may include testimony, physical evidence, and demonstrations that do not relate to time, event or person directly involved in the litigation.
RELEVANCY
In a civil case, a statement made by a declarant unavailable to give testimony at trial is admissible if a reasonable person in the declarant’s position would have made the statement only if the declarant believed it to be true because, when the statement was made, it was so contrary to the declarant’s proprietary or
pecuniary interest or had so great a tendency to expose the declarant to civil or criminal liability.
STATEMENTS BY AN UNAVAILABLE DECLARANT
"Sarah was super upset."
The witness is speculating
Three additional questions, but no more than three, may be asked by the cross-examining attorney, but such questions are limited to matters on re-direct examination and should avoid repetition. The presiding judge has considerable discretion in deciding how to limit the scope of re-cross. Like re-direct examination, at times it may be more appropriate not to engage in re-cross-examination.
LIMIT ON QUESTIONS