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
What is an out-of-court statement used to prove the truth of what is being asserted.
Hearsay
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
John is sitting on the witness stand testifying about a car accident he witnessed. John is asked what he observed. John responds: "The driver of the car told me he was sorry for running the red light."
You are the opposing lawyer. What is the correct response?
Objection, hearsay
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.
"Did you stop at the stop sign on 5th and Main?"
-no-
"So, to be clear, you ran the stop sign?"
What materials can help you if you need to explain your objection to a Judge?
The Rules of Evidence.
When must an objection to a hearsay question be made?
As soon as the testimony is given by the witness, even if it is mid-sentence.
What is the decision of the judge if he or she disagrees with the objection?
Overruled
When you ask the witness the same question more than once.
Objection: Asked and Answered.
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.
You have asked a witness a proper question but the witness answers with hearsay. The judge sustains the objection. What do you do?
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.
A hearsay objection is made to a witness describing that following the accident, they overheard the driver scream "Oh my gosh, I hit him!" What is your response to the objection?
This is an exception to the hearsay rule for "excited utterances" because it is what the person said in excitement immediately after the accident. The testimony should be allowed.