NAME THE OBJECTION
William, you're a witness in mock trial, right?
Leading Question
Were meeting minutes kept for the HOA meeting?
Records of regularly conducted activity, i.e. business record exception.
Narrative
Dr. Hightower, did Apex Engineering admit fault?
Answer: Yes, they told me the building was not up to code.
Hearsay or not?
No. A party's own statement is not hearsay when offered against them.
When are leading questions allowed?
During cross-examination.
Hannah, do you prefer dogs or cats?
Relevancy
Mr. Alvarez, how did people react at the HOA meeting?
Answer: One elderly resident broke down in tears and demanded to be relocated.
Not hearsay. Present sense impression.
A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
Whitley Carter, in your expert opinion, was the building safe?
Improper testimony of a lay witness.
Is the whistleblower memo hearsay? If yes, any exceptions?
Yes, hearsay. No exceptions.
How do you introduce evidence?
1. Show exhibit to opposing counsel
2. Ask for permission to approach the witness
3. Ask the witness to identify the document
4. Lay Foundation (ex. has it been altered with in anyway?)
5. Move for admission into evidence
Lack of personal knowledge (speculation)
How did Mr. Alvarez respond when he saw the whistleblower memo?
Answer: He was so upset and screamed, "how could they be that reckless?"
Not hearsay. Excited utterance.
Dr. Chen, where were you born?
Relevancy.
Is Exhibit 12, the architectural renderings, hearsay? If not, why?
No, they are not statements.
How do you qualify a witness as an expert?
1. Establish educational background
2. Establish professional experience
3. Establish teaching and publication history
4. Outline prior court experience
5. Move for admission of CV into evidence
6. Move for the witness to testify as an expert in the field
Was Corley Toomey dismissed from city employment for abuse of company time and unprofessional behavior?
Relevance (prejudicial > probative)
Did you complete a report of your findings?
Records of regularly conducted activity.
Question: How did you hear about any issues with the building?
Answer: My sister heard from the HOA.
Hearsay within hearsay.
Is Exhibit 9, Lease cancellation, hearsay? If so, is there an exception?
Yes, hearsay. No exception.
Can you ask any questions you want during re-direct?
No. Re-direct is limited to the scope of the cross-examination.
What did your sister tell you about the HOA meeting?
Hearsay
Does Mr. Alvarez have a good reputation within the Homeowner's Association?
Reputation as to character.
Mr. Alvarez, what did the HOA do to correct the problem?
A: The HOA initiated emergency retrofits.
Subsequent remedial measures.
What is hearsay?
Out of court statement offered to prove the truth of the matter asserted.
If your witness forgets something, what can you do to help them remember?
Writing used to refresh recollection.