Procedure
What the attorney objecting should do if they object to a question by the opposing counsel
Stand and say: "Objection, your honor, (statement about why the question was inadmissible)."
During direct examination:
"You went to your mom's house later that night, didn't you?"
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 and took a nice bath..."
Narrative Answer
A witness who you CANNOT ask leading questions
One you called to the stand/your team's witnesses
A statement used to prove the substance of the statement itself is said to be this
For the truth of the matter asserted
The person who makes a decision as to whether an objection is sustained or overruled
The Judge
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Compound Question
In a murder case, the attorney asks the defendant what their favorite movie is
Relevance
How you ask for a break during trial
One kind of witness with special hearsay rules
Unavailable declarant, party opponent, Defendant in a criminal trial, Doctor (for medical diagnosis/treatment, Rule 803)
The decision of the judge when he or she agrees with the objection
Sustained
A question that calls for an answer that has nothing to do with the case
Relevance
"Did you stop at the stop sign on 5th and Main?"
-"No."
"So, to be clear, you ran the stop sign?"
Asked and Answered
The materials that can help you if you need to explain your objection to a Judge
The Rules of Evidence
One kind of document with special hearsay rules
Recorded recollection (ex. diary), medical diagnosis/treatment log, record of regularly conducted activity, public record, ancient document, learned treatise/periodical/pamphlet
The decision of the judge if he or she disagrees with the objection
Overruled
Asking a witness the same question more than once
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!"
Non-Responsive
A way to move on when the judge sustains an objection to your question
Ask a different question, rephrase the question
A statement describing or explaining an event or condition, made while or immediately after a declarant perceived it
The action you take if you disagree with the Judge's ruling on your objection
Sit down.
On redirect, the attorney asks about something that was not brought up in the cross examination
Beyond scope of cross
"I think Drew was having a psychotic episode--he was blabbering on and on about nothing."
Lay-Witness Opinion OR Lack of Personal Knowledge/Speculation
What you do if your question is objected to and the Judge asks you to respond
Explain why your question should be allowed/the objection does not apply
The reason WHY excited utterances are an exception to hearsay
A declarant is thought to have no time to think of a lie under duress, therefore any assertion they made was true to the best of their knowledge