Objections 1
On direct, a plaintiff's witness creates facts that are favorable to the plaintiff's case.
Objection! The witness' unfair extrapolation is in violation of Rule 4:4-5 in that it goes beyond the witness' statement or any reasonable inference to be drawn therefrom.
Opposing counsel is asking NON open-ended questions suggesting the answer to the witness during a direct or redirect.
Objection! Counsel is leading the witness. Rule 611(b)
When the judge enters or exits, all participants must . . .
On cross-examination, counsel asks a witness a yes / no question. The witness does not answer the question.
Objection! The answer is not responsive. Rule 611(b)
Val Popinjay and Jamison St. Clair are experts in this.
What is the valuation of show dogs?
Opposing counsel is attempting to admit an exhibit into evidence without sufficient background.
Objection! Counsel has not laid the proper foundation for the admission of the exhibit. Rule 1203.
Counsel's question asks two questions in one.
Objection! Counsel is asking a compound question. Rule 403.
The judge is always addressed as . . .
Your Honor
On re-direct, counsel asks the witness a question unrelated to matters raised by the opposing attorney on cross-examination.
Objection! This question is beyond the scope of my cross-examination. Rule 611(d)
The five elements Carmen Capella must prove to establish their claim for a manufacturing defect.
1. The Petzicon fleat treatment contained a manufacturing defect which made the product unsafe.
2. That the defect existed before the treatment left control of Petzicon.
3. That the product was not being misused or handn't been subtantially altered in a way that was not reasonably foreseeable.
4. That Carmen Capella was a resonably forseeable user.
5. That the manufacturing defect was a proximate cause of Sally's death.
A counsel's question is very general and calls for the witness to make a broad-based, unspecific response.
Objection! Counsel's question calls for a narrative response. Rule 611(b)
Opposing counsel asks a witness, "Why do you think Ms. Capella didn't request a necropsy?"
Objection! Question calls for speculation. Rule 602.
Before beginning a direct or cross, lawyers must ask . . .
May I proceed?
O'Connell offers the following testimony: “Bill Thomas was obviously having a breakdown.”
Opposing counsel might raise this objection.
Objection! Counsel is not a mental health expert. Rule 701 (expert testimony by a lay witness)
The five elements Carmen Capella needs to prove to establish a claim of failure to warn.
1. That the Petzicon flea treatment failed to contain an adequate warning or instruction.
2. That the failure to warn existed before the treatment left the control of Petzicon.
3. That when the even happened the product was not being misused and had not been substnailly altered in any way that was not reasonably foreseeable.
4. That Carmen Capella was a foreseeable user of the product.
5. That Carmen Capella would have followed an adequate instruction or warning if it had been provided.
6. That the failure to warn was a proximate cause of Sally's death.,
A witness fails to respond to a question on cross.
Objection! The answer is not responsive. Rule 611(b)
A witness is giving testimony that isn't important to the case and makes no difference to the outcome of the case.
Objection! This testimony is not relevant to the facts of the case. Rule 402.
When answering questions, witnesses should look at . . .
the jury
Counsel moves to admit the memo from Bill Thomas into evidence.
Opposing counsel might raise this objection.
Objection! Hearsay! This memo is an out of court statement by a witness offered for the truth. Rule 802.
Bill Thomas is not a witness in this case.
Bill Thomas is not a party in this case.
The date of Sally's untimely demise.
October 22, 2023
Counsel asks a witness about facts they did not observe.
Objection! Counsel is asking the witness' to give an opinion on a topic about which the witness' has no personal knowledge. Rule 701.
Opposing counsel's questions are repetitive.
No objection!
"Asked and answered" is NOT a permitted objection under Mock Trial rules! (Workbook 25).
When crossing a witness, the lawyer should stand . . .
away from the jury
The plaintiff objects to the admission of Bill Thomas' memo claiming it is hearsay.
The defense argues the following:
1. That the memo is not hearsay based on rule 801(d)(2) because it is a statement by a party opponent. At the time of the memo, Bill Thomas was the director of R&D at Petzicon and wrote that memo in that capacity in the course of his employment.
2. That according to rule 801(d)(1) it is not hearsay because it is a party’s admission against their own interest. If I may make an offer of proof, the document will discuss the danger of pesticides in these products in the months before Sally died.
3. That it is an exception to hearsay under rule 803(25) because a reasonable director of R&D would never say this if it wasn’t true because it is against the company’s interests and would lead to civil liability.
The amount of money Sally won in the American Accredited Breed Dog Show.
$110,000