Opening Moves
DIRECT
“You were scared when the dog ran at you, weren’t you?”
The objection: Leading
The answer is the problem
Q: “Where were you at nine o’clock?”
A: “At home. And honestly, I think he did it.”
Non-responsive (also accept: speculation,
improper opinion)
DIRECT
“What does this receipt show?” — the
witness has never seen it before.
Lack of foundation
CROSS
“You expect this jury to believe that?”
Argumentative
DIRECT
“You were in charge that night, and you knew it was dangerous, weren’t you?”
Leading + compound
DIRECT
“What’s your favorite football team?”
THE OBJECTION: Relevance
The answer is the problem
Q: “What did you do next?”
A: “My sister told me the car had already left.”
Hearsay
DIRECT
Counsel starts reading a line aloud from Exhibit 4, which has not been admitted.
The exhibit is not in evidence (also accept: assumes facts not in evidence)
CROSS
For the fourth time: “So you never called 911 that night?”
Asked and answered (also accept: repetition,
badgering the witness)
DIRECT
“Tell us everything the police told you that night.”
Narrative + hearsay
DIRECT
“Tell us everything that happened that summer.”
The objection: Narrative (also accept:
vague)
The answer is the problem
Q: “What happened when she got to the
door?”
A: “She was obviously furious at
him.”
Speculation (also accept: improper opinion)
DIRECT • police officer on the stand
“Officer, what does the hospital record list as
the time of death?”
Hearsay (check your stipulations)
CROSS
“After you lied to the officer, what did you
do?” — nobody has testified that he lied.
Assumes facts not in evidence
DIRECT
“Why do you think she left early after he threatened her?” — no threat is yet in evidence.
Speculation + assumes facts not in evidence
DIRECT
“How long have you worked there, what do your shifts involve, and who do you report to?”
Compound (also accept:narrative)
The answer is the problem
Q: “Describe the man you saw.”
A: “He was about six feet tall.” — no height appears
anywhere in the case materials.
Unfair extrapolation (say it in full: “beyond the scope of the witness statement”)
DIRECT • lay witness holding a report someone else
wrote
“Based on this report, what’s your opinion of
how badly she was hurt?”
Improper opinion AND hearsay — both are correct
(also accept: lack of
foundation)
CROSS
“You were the night manager, and you
locked up alone that evening, correct?”
NO OBJECTION — leading is proper on cross
DIRECT
“What did your neighbor tell you she thought the driver was trying to do?”
Hearsay + speculation
DIRECT
“You’re the night manager at the store, aren’t you?”
(background)
NO OBJECTION — leading is allowed on background
The answer is the problem • lay witness
Q: “How was her breathing?”
A: “She was in respiratory distress — classic signs of
shock.”
Improper opinion (also accept: lack of foundation,
speculation)
DIRECT • procedure
Counsel asks to approach, hands the exhibit straight to the witness, and starts asking about it.
Counsel has not shown the exhibit to opposing counsel
CROSS • paid expert on the stand
“Isn’t it true you’re just a hired gun who says whatever you’re paid to say?”
Argumentative (also accept: assumes facts not
in evidence)
DIRECT
“What did your sister tell you that the
manager said about the alarm?”
Hearsay within hearsay (also accept: lack of
personal knowledge, lack
of foundation)