Procedure
What should the attorney objecting do if they object to a question by the opposing counsel?
Stand and say: "I object your honor."
During direct examination:
"You went to your mom's house later that night, didn't you?"
Objection: Leading Question.
"First thing I did was get up and go to work. It was a fairly normal day at work until the robbery, which happened around 1pm. After that, the police came and began interviewing people. I was taken to the station and was there until around 10pm. After that I went home..."
Objection: Narrative Answer
When can you not use leading questions?
On Direct
Who can give their opinion at trial?
Experts
Who makes a decision as to whether an objection is sustained or overruled?
The Judge
Why did the defendant say he committed the crime?
Objection: Hearsay
In a murder case, the attorney ask the defendant what is his favorite movie?
Objection: Relevance
When can you use leading questions?
On Cross-Examination
Who are often called to give opinions in a trial?
Doctors, psychologists, forensic experts, etc.
What does the Judge say when he agrees with the objection?
Sustained
When a question calls for an answer that has nothing to do with the case.
Objection: Relevancy.
"Did you stop at the stop sign on 5th and Main?"
-no-
"So, to be clear, you ran the stop sign?"
Objection: Asked and Answered.
What do you do if your question is objected to, and the Judge sustains the objection?
Ask a different question.
What are opinion questions that are not objectionable?
Questions asking an opinion that anyone could give.
What does the judge say if he or she disagrees with the objection?
Overruled
When you ask the witness the same question more than once.
Objection: Asked and Answered.
Question: "Weren't you the last person the victim saw on the night of his death?"
Response: "I didn't kill him!"
Objection: Unresponsive Answer
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question should be allowed.
What is the name for the types of questions that are used to establish the expertise of a witness?
Foundation questions.
What do you do if you disagree with the Judge's ruling on your objection?
Sit down. Move on.
When on cross the attorney asks about something that was not mentioned in the direct examination.
Objection: Beyond scope of direct.
Testimony from a bystander...
"I think Drew was have a psychotic episode--he was blabbering on and on about nothing."
Objection: Lack of Professional Knowledge
What should you do if you cannot think of a reason your question should be allowed following an objection?
Ask for a moment to confer with co-counsel
What type of objection(s) is most commonly used when asking for an opinion?