Procedure
What should the attorney do if they feel opposing counsel has asked an improper question?
Stand and say: "I object your honor."
During direct examination:
"Your mom punched you in the face, didn't she?"
Objection: Leading Question.
A: Tell me about what happened on March 12, 2026.
W: "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. I got into the office, made some coffee -- a pumpkin spice latte! Then I checked my email, and WOW, I had so many emails. Then I went to the watercooler and talked to Kathy about her grandkids. She showed me lots of photos, too. After that, I was hungry for lunch..."
Objection: Narrative Answer
Murder case. W has testified during direct that she was not present at the home at the time of the murder.
A: “You were in the kitchen when the struggle started, right?”
Lack of Personal Knowledge
When can you use leading questions on direct?
To establish pedigree, time/place, to help a witness who is hesitant, confused, or having trouble recalling, hostile witness
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Objection: Compound Question
Murder Case, attorney on direct to eye-witness of the murder:
A: "What is your favorite Timothee Chalamet movie?"
Objection: Relevance
Wrongful termination lawsuit:
A: "What was the manager thinking when he fired Bob?"
Calls for speculation
What is the typical format of questions on direct examination?
non-leading
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, did you stop at the sign on 5th and Main?
Objection: Asked and Answered.
Attorney: You’re lying about where you were that night, aren’t you?
Witness: No.
Attorney: Come on, you’re lying, and everyone here knows it, right?
Witness: No.
Badgering/Harassing the witness
What is the typical format of questions on cross-examination
When the attorney asks the witness the same question more than once.
A: "You were on your phone at the time of the accident, correct?"
W: "No."
A: "You weren't on your phone? Are you sure you weren't on your phone at the time of the accident?"
Objection: Asked and Answered.
Murder case. Defense attorney on cross-examination:
A: "Weren't you the last person the victim (Joe) saw on the night of his death?"
W: "That night, Joe was drinking at the bar and got into a fight with the bartender."
Objection: Non-Responsive Answer
A: "Would you say things were weird that night?"
Vague
Whatever was discussed during direct and impeachment (credibility)
When on cross the attorney asks about something that was not mentioned in the direct examination.
Objection: Beyond scope of direct. NOTE: you can always ask questions on cross about credibility (see: impeachment) even if beyond the scope.
A: Where were you at the time of the incident?
W: I went into the other room because I was scared by the loud noise.
A: So you were hiding because you were guilty, right?
Improper characterization of evidence
Murder Trial.Defendant on the stand during cross-examination by the state:
A: "And what did you tell your attorney about how you killed the victim?"
Privilege