Hearsay Objections
A security camera transcript shows the interaction between a customer and a merchant
Business record
When a witness testifies on cross and it is inconsistent with prior testimony (Bonus: Name the correct objection)
A Declarant-Witness’s Prior Statement (B. Impeachment)
If there is no jury box, where does the prosecution sit?
to the judges left
Who may testify in the form of an opinion or otherwise, if they have the knowledge, experience, or skillset to do so?
An Expert Witness
Who may impeach a witness?
Any party including the party that called the witness.
Someone is hit by a car and as they lie dying in the middle of the street, attempts to having robbed a bank in 1965
Excited utterance OR Then-existing mental, emotional, or physical condition
A statement made against the opposing party in a representative or individual manner
Opposing Party’s Statement
How much time discrepancy has to be between the two timekeepers to notify the judge?
15 seconds
What is the ultimate issue? Is it generally objectionable?
The main, decisive question (eg. Did Nik/Nikki VanSteenburg give drugs to Huda Mustiffa?) It is not generally objectionable.
A witness may only testify if they have the personal knowledge, what rule or objection applies?
Rule 602. Need for Personal Knowledge OR Objection, Lack of personal knowledge
A local resident attended a town hall meeting and declared that they would cause harm to a town council member
Public records
The cross examination is allowed to talk about prior statement if it identifies a person as someone the declarant perceived earlier
A Declarant-Witness’s Prior Statement
On cross if the lawyer asks the witness a question they don't know (open ended ?), is the witness allowed to respond with any answer?
yes as long as it does not elaborate too much or go beyond the witnesses affidavit
Without first testifying to the underlying facts or data, is an expert witness allowed to to state an opinion and give reason for it?
Yes, unless the court orders otherwise but experts may be required to disclose those facts or data on cross-examination.
What is the scope of redirect/recross?
What is the scope of redirect/recross?
Your grandfather’s third wife is trying to contest your grandfather’s will from 2004
Statements in ancient documents
A statement made against the opposing party and one the party manifested that it adopted or believed to be true
Opposing Party’s Statement
“If a witness is asked information not contained in the witness' statement, the answer must be consistent with the statement and may not materially affect the witness' testimony or any substantive issue of the case.” What rule is used to enforce this?
impeachment/4.1b
If a witness is not testifying as an expert, what are the limits for their testimony in the form of an opinion?
It must be rationally based on the witness’s perception; helpful to clearly understanding the witness’s testimony or to determine a fact in issue; and not based on scientific, technical, or otherwise specialized knowledge within the scope of Rule 702.
What may be used for a witness’s character for truthfulness or untruthfulness?
Testimony (reputation or opinion) about the witness’s truthfulness and Specific instances of conduct. (rule 608)
Someone is set to testify in court but is unable to do so because they are ill
Declarant unavailable
If a witness recently introduced something that is consistent with prior testimony and is offered to rebut an implied charge that the defendant recently fabricated it
A Declarant-Witness’s Prior Statement
what is allowed for communication during trial?
Attorneys on the same team may communicate among themselves during the trial
verbally or through written notes, except during the argument of objections; however, no
disruptive communication is allowed. With the exception of their actual testimony,
witnesses may only communicate with attorneys on their same team during recesses
What is the exception that allows objections on the ultimate issue?
An expert witness must not state an opinion about whether the defendant did or didn’t have a mental state or condition that constitutes an element of the crime charged or of a defense.
What is the only permitted motion?
Requesting a judge to strike testimony following a successful objection to its admission.