Objection Responses
Q: What was the amazing Hill Murray Mock Trial Coaches' intention with trying to get people to join HMMT?
A: “they really wanted to help the world"
OBJECTION YOUR HONOR!!!!
Objection Response: Your honor, this witness is using her "rationally based perceptions"
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
Question: What did you hear Alex say?
Answer: "We need a confession. No matter what.”
OBJECTION YOUR HONOR!!!!
Objection Response: Your honor this falls under hearsay objection 803(3) Then existing mental/emotional/physical conditions as this falls under the witness's plan.
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Objection: Compound Question
Question: What is your favorite movie
Answer: Wicked
Objection: Relevance
When can you use leading questions?
On Cross-Examination
Do you keep your character the whole time?
YES!!!!
Question: What did you hear on December 25th?
Answer: I heard someone say "OMG I JUST SAW A MURDER!!!"
Objection Response: Your honor this falls under 803(1) present sense impression and 803(2) excited utterance
Question: What happened at "x" company
Answer: Oh they are dumping so much ink into the river
(they haven't stated that they are an employee)
Objection: Lack of Foundation or Lack of Personal Knowledge
"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.
What materials can help you if you need to explain your objection to a Judge?
The Rules of Evidence.
Who do you look at to answer questions
The Judge...No matter what!
Question: What did you hear the defendant say
Answer: I heard him say that he killed her
(the witness in question is the defendant)
Objection Response: Your honor, according to 802(d)(2) this would be a statement by a party opponent and is therefore not hearsay.
When you ask the witness the same question more than once.
Objection: Asked and Answered.
Question: Where do you think that Avery thought the money was going to?
A: I think that Ms. Berkley thought it was going to the Hill Murray Mock Trial Team.
Objection: Speculation
What do you do if your question is objected to, and the Judge sustains the objection?
Ask a different question.
What are the different types of characters we can play? Which type is Casey Williston?
a "character" witness
a "expert" witness
Casey Williston is a character witness
Answer: In the community, he was definitely sus.
Objection Response: this falls under the hearsay exception 803(21)
When on cross the attorney asks about something that was not mentioned in the direct examination.
Objection: Beyond scope of direct.
The Opposing Council is trying to enter an resume into evidence
Question: When did you make this resume
Answer: Very recently in preparation for today's trial
Question: Do you need to create a resume for your job
Answer: Yes, and I created this myself
Objection: Hearsay
What do you say to a judge to explain your objection
Your honor, may I be heard
What is a question that an expert witness cannot be asked? List them all
is your knowledge able to help use understand this scientific concept?
is this based on sufficient facts and data?
702:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; and
(b) the testimony is based on sufficient facts or data.