Objection!
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Leading the Witness |
On direct when a questions suggests an answer: Did you notice a handicap? |
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Argumentative |
A question which doesn’t ask for facts from the witness, but suggests something about the case: "And you expect us to believe that you’re telling the truth even though you’re her cousin?" |
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Irrelevant |
A question which does not tend to make a material fact (what’s material is based on the law) more or less likely |
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Hearsay |
An out of court statement offered to prove the truth of the matter asserted (that’s why it’s not hearsay when we impeach – we’re only trying to show the witness lying). "What did she tell you?" Note: affidavits are hearsay unless used to impeach. |
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No personal knowledge |
We only allow the witness to testify about things that he or she, the witness, knows. "why did Ms. Moncrieff apply at your station?" |
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The question calls for speculation/hypothetical question |
Very much like no basis for personal knowledge. "would you have hired her IF she had no disability?" |
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Asked and answered |
By the same lawyer and the same witness |
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Counsel is testifying |
Only a witness can bring out new facts. Lawyers can’t "testify" in phrasing their questions. |
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Assumes facts not evidence |
Must have a "foundation" for every question. We have to ask where a witness works before we ask how long he worked there. |
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Object to introduction of evidence if it has not been shown to you |
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"Your honor, would you please direct the witness to answer the question; it only calls for yes or no, not a narrative." |
Not until you have tried to take control of the witness but failed. |
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Scope |
Out of the focus of knowledge of the witness |
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Vague |
Not understood, unclear |
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Compound Question |
Too many questions for the witness –give one at a time. |