Common Objections
During direct examination:
"You went to you mom's house later that night, didn't you?
Objection: Leading Question
The exceptions to providing improper character evidence are...
Character is in issue, it is an issue of credibility, or it proves motive, opportunity, intent, etc.
Direct Question
"You thought Captain Storm was a scary person as a child didn't you?"
When can you not use leading questions?
On direct
Test for Relevant Evidence
Rule 401
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the corner?"
Objection: Compound Question
A statement describing or explaining an event or condition made while or immediately after the declarant perceived it
What is excited utterance (hearsay objection)
Direct Question:
"What did you think of Archie's relationship"
What is speculation
When materials can help you if you need to explain your objection to a Judge?
The Rules of Evidence
Make a flash card with the common ones
Character Evidence; Crimes or Other Acts
Rule 404
Question is too general and calls for the witness to make broadly based, unspecific responses
Objection: calls for narrative
Exceptions for offering evidence of a witness's character include...
Crimes, Wrongs, or Other Acts
evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character
This evidence may be admissible for another purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident
Question on direct:
"What did you hear Jimmy say"
Objection: this question calls for hearsay
Before beginning a direct or cross, lawyers must ask...
What is "may I proceed?"
Opinion Testimony by Lay Witness
Rule 701
Witness did not see or does not know about the facts, an therefore, cannot give testimony without speculating
Objection: Lack of personal knowledge
A statement inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
What is prior inconsistent statement (hearsay objection)
Question on cross:
"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
When answering questions, witnesses should look at
What is the judge?
Opinion on Ultimate Issue
Rule 704
Witness did not see or does not know about the facts, and therefore, cannot give testimony without without speculating
Objection: lack of personal knowledge
In a criminal case these are the exceptions for using character evidence for the defendant or victim
Evidence of a defendant's pertinent trait
Evidence of an alleged victim's pertinent trait
In homicide, the prosecutor may offer evidence of the alleged victim's peacefulness to rebut evidence that the victim was the first aggressor
Question on Direct: (not leading)
"What happened when you were out that night?"
Answer:
"When I was out that night I heard Archie talking on the phone and he was frantic, worried and stressed out. I heard him saying to the person on the other line that they had a lot of business to take of."
What is non-responsive, hearsay, and speculation
In a trial, if the other side's witness lies on the stand, what do you do and how?
The attorney can impeach that witness
admit the affidavit into evidence
"refresh" the witnesses memory/have them read out the truth
Exceptions to the Rule Against Hearsay - Regardless of Whether the Declarant is Available as a Witness
Rule 803