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
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Objection: Compound Question
In a murder case, the attorney ask the defendant what is his favorite movie?
Objection: Relevance
Name the objection
On direct exam:
Q: Are you friends with the defendant?
Q: yes
Q: Did you see the fight at the school dance?
A witness testifies that the defendant looked angry. Is this allowed?
Yes, with proper foundation, as long as the opinion is based on the witness’s personal knowledge and it is helpful to understanding the witness’s testimony or determining a fact in issue (used to express a shorthand statement of fact (e.g., “he looked really angry”) when it would be impractical to testify about all the various observations and contemporaneous thoughts that factored into the opinion)
What does the Judge say when he agrees with the objection?
Sustained
Robbery case: The defendant is an upstanding citizen who donates to charity and volunteers the homeless shelter.
Objection: Inadmissible character evidence.
"Did you stop at the stop sign on 5th and Main?"
-no-
"So, to be clear, you ran the stop sign?"
What materials can help you if you need to explain your objection to a Judge?
The Rules of Evidence.
Who can speculate?
Expert witnesses
What is the decision of the judge 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: Non-Responsive Answer
What do you do if your question is objected to, and the Judge sustains the objection?
Ask a different question.
What are 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.
When on cross the attorney asks about something that was not mentioned in the cross examination.
Objection: Beyond scope of cross examination.
"I think Drew was have a psychotic episode--he was blabbering on and on about nothing."
Objection: Lay-Witness Opinion
To attack the witness' credibility (to show dishonesty).
What is a question that an expert witness cannot be asked?
A question that is beyond the scope of their expertise.