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.
Question: "What did the men who entered the bank look like?" "3 guys in ski masks with guns came in a threatened us, demanding money. 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 saw a TV reporter discussing the case"
Objection: Narration
When can you not use leading questions?
On Direct
In general, only these type of witnesses 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 asks the defendant" "What is your favorite movie?
Objection: Relevance
When can you use leading questions?
On Cross-Examination
What professions 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
In a negligence lawsuit over a car accident: "You were expelled from high school for vaping, correct?"
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.
If a witness says something that contradicts his/her prior written statement, what should you do?
Enter his prior statement into evidence and point out the inconsistency.
An opinion that anyone could give, and are generally not allowed except in special circumstances.
Lay opinion
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
What do you do if your question is objected to, and the Judge sustains the objection?
Re-phrase or ask a different question.
What are questions that are used to establish the expertise of a witness so that he/she may give an opinion?
Foundation questions.
What do you do if you disagree with the Judge's ruling on your objection?
Sit down and move on to the next part of the trial.
"What did the police officer tell you after you asked what had happened?"
Objection: Hearsay.
"I think Drew was having a psychotic episode--he was blabbering on and on about nothing. He's officially a crazy person"
Objection: Opinion
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question is proper under the rules of evidence.
Proper objection during direct: "In your expert opinion, the defendant suffers from a severe social anxiety disorder, is that correct?"
Objection, leading.