Procedure
What is the format of an objection?
“Objection, [name of objection]”
When can you not use leading questions?
DX
During direct examination:
"You went to your mom's house later that night, didn't you?"
Objection: Leading Question.
"My friend told me that she saw the defendant leaving the scene."
Objection, Your Honor, hearsay
Who can give their opinion at trial?
Experts of that field
Who makes a decision as to whether an objection is sustained or overruled?
Judge
When can you use leading questions?
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Objection: Compound Question
"The defendant's favorite movie is Spiderman
"Objection relevance"
"The defendant has a history of theft, so they must have committed this crime."
Objection, relevancy
What does the Judge say when he agrees with the objection?
Sustained
What do you do if your question is objected to, and the Judge sustains the objection?
Ask a different question/your next question
When a question calls for an answer that has nothing to do with the case
Objection: Relevancy.
"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.
"How can you expect this court to believe you?"
Objection, argumentative
What is the decision of the judge if he or she disagrees with the objection?
Overruled
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question should be allowed.
When you ask the witness the same question more than once
Objection: Asked and Answered
"What do you think the defendant was feeling when they allegedly committed the crime?"
"Objection, Your Honor, the witness is speculating about the defendant's state of mind."
"I believe that the defendant's actions were reckless based on what I saw."
"objection, testimony by nonexpert."
What do you do if you disagree with the Judge's ruling on your objection?
sit down
What happens after the other side responds?
The judge usually allows you to argue your side
"I heard my neighbor say that they saw the defendant leave the scene of the crime right after it happened."
Objection, hearsay
"Isn't it obvious that your testimony is just an attempt to deflect blame onto the defendant?"
"Objection, Your Honor, the question is argumentative."
"The defendant has always been a dishonest person, so it stands to reason they would commit this crime."
Objection, relevance?