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
“Officer Weaver, what was Mr. Norris doing inside his apartment an hour before the collision?”
Objection: Lack of Personal Knowledge
“Officer Weaver, isn't it true that you are a terrible police officer and that nobody should ever believe anything you say?”
Objection: Improper Impeachment
Immediately after the collision on Dip Road, a witness shouts, “That car just hit the pole!” The witness is describing what they just saw. What hearsay exception might apply?
Present Sense Impression
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Objection: Compound Question
Question: "Weren't you the last person the victim saw on the night of his death?"
Response: "I didn't kill him!"
Objection: Non-Response
“Mr. Norris, don't you think driving after drinking was an incredibly irresponsible decision?”
Objection: Argumentative
Attorney: “Mr. Norris, you testified that you never drank alcohol that evening, correct?”
Context: Mr. Norris previously testified that he had a beer before leaving his apartment and two cocktails at Chuggie's Two.
Objection: Misstates the Evidence
Right after seeing the crash, a terrified witness screams, “The blue car hit him!” while still visibly shaken. What hearsay exception might apply?
Excited Utterance
"Ms. Morgan, what did you have for breakfast today?"
Objection: Relevance
Attorney: “Mr. Norris, what did your friend tell you about who caused the Dip Fire?”
Witness: “He told me MG&E caused it.”
Objection: Hearsay
When on cross the attorney asks about something that was not mentioned in the direct examination
Objection: Beyond scope of direct
Attorney: “Your Honor, the defense would like to admit this photograph as a picture of Pole #4742 taken immediately after the collision.”
Opposing attorney: “What is your basis for claiming this photograph depicts Pole #4742?”
Attorney: “We don't have one, but it looks like the pole.”
Objection: Lack of Authentication
After the collision, Mr. Norris says, “I'm scared, and my chest hurts.” The statements describe how he feels at that moment. Which exception might apply?
Then-Existing Mental, Emotional, or Physical Condition
"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
“Mr. Norris, do you think the electrical equipment on Pole #4742 was defective before you hit it?”
Objection: Calls for Speculation
“Mr. Norris, have you ever made a bad decision in your life? So doesn't that prove you were careless when the collision happened?”
Objection: Improper Character Evidence
“Officer Weaver, can you confirm for the fifth time that you arrived at the scene after the collision?”
Objection: Cumulative Evidence
An injured person tells the emergency room doctor, “My chest started hurting after the crash.” Which hearsay exception might allow the statement?
Statement Made for Medical Diagnosis or Treatment
“Mr. Norris, isn't it true that you had been drinking that evening? And doesn't that show the jury that you are an irresponsible person who cannot be trusted?”
More Prejudicial Than Probative
"I think Drew was have a psychotic episode--he was blabbering on and on about nothing."
Objection: Lay-Witness Opinion / Improper Opinion
“Mr. Norris, why did MG&E fail to maintain Pole #4742 properly?”
Objection: Assumes Facts not in Evidence
“Officer Weaver, without showing the jury the actual police report, can you just tell us exactly what the report says about the collision?”
Objection: Best Evidence Rule
MG&E regularly creates and maintains inspection records for its electrical poles as part of its normal operations. The defense wants to introduce a qualifying record for Pole #4742. Which hearsay exception might apply?
Business Records