Procedure
What should the attorney objecting do if they object to a question by the opposing counsel?
Stand and say: "I object your honor."
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
Who makes a decision as to whether an objection is sustained or overruled?
The Judge
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Objection: Compound Question
In a murder case, the attorney ask the defendant what is his favorite movie?
Objection: Relevance
When can you use leading questions?
On Cross-Examination
Who are often called to give opinions in a trial?
Doctors, psychologists, forensic experts, etc.
What does the Judge say when he agrees with the objection?
Sustained
When a question calls for an answer that has nothing to do with the case.
Objection: Relevancy.
"What was sally thinking when she left?"
Objection: Speculation
Where can you look to find information on Objections
The Rules of Evidence.
Can a witness ever give an opinion on the stand?
Yes
(a) rationally based on the witness’s perception;
(b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
What is the decision of the judge if he or she disagrees with the objection?
Overruled
Objection: Past crimes/ misdemeanors
Question: "Weren't you the last person the victim saw on the night of his death?"
Response: "I didn't kill him!"
Objection: Non-Responsive Answer
What do you do if your question is objected to, and the Judge sustains the objection?
Ask a different question.
What are questions that are used to establish the expertise of a witness?
Foundation questions.
What do you do if you disagree with the Judge's ruling on your objection?
Sit down.
When on cross the attorney asks about something that was not mentioned in the direct examination.
Objection: Beyond scope of direct.
"I think Drew was have a psychotic episode--he was blabbering on and on about nothing."
Objection: Lay-Witness Opinion
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question should be allowed.
The attorney asks his or her expert witness do you think the defendant committed the murder?
Ultimate issue