in the case The question suggests an answer desired Leading Question by the examiner on Direct Examination. Ex: helps witness get to a certain answer; many times yes Response: My question does not suggest or no an answer. Counsel is asking the witness to speculate Speculation in order to answer the question. Ex: Do you think .. ? Would this have happened if .. Response: The witness has actual ? personal knowledge of the facts to which Why do you think ? he/she testified or asked to testify Statement (written/oral) given outside Hearsay courtroom to prove matter asserted. If Answer already given: I ask that the statement be stricken from the record. 1. Statement by party to the case that is Hearsay Exceptions harmful to party (not hearsay) 2. To show declarants State of Mind 3. Declarant making Excited Utterance 4. Stmt made by witness at trial Witness has no personal knowledge that Lack of Personal would enable him/her to answer this Knowledge question Attorney argues or seems to be presenting Argumentative argument as questions Unless an expert, witness cant give Improper Opinion opinion on matters requiring specialized Ex: Why do you think ? Do you think .? knowledge. If answer already given: Witness can give opinion on what they saw Ask it be stricken from the and heard All witnesses may offer opinions record if based on common exp. of a regular person and have 1st hand knowledge Question didnt take info in small steps that Lack of Foundation make sense or build on ideas correctly Asked and Answered Witness has already testified about this
Creating Facts Not
Found in the Record Nonresponsive Narrating
A witness is making up MATERIAL facts not
found in the affidavits. Be prepare to explain why the facts they made up are important. IMPEACHMENT BETTER. Witness seems to be evading the answer Witness is going beyond the question
Beyond of the scope
Improper Character Testimony
Improper Religious Testimony Arguing Facts Not In Evidence
asked; Question too broad
ReDirect -only about subjects brought up on Cross; Recross only about subjects brought up on ReDirect No testimony or evidence of a persons character is allowed UNLESS accused has given test./evid. of his good character. Witness reputation for truthfulness or prior conduct that goes to witnesses credibility (truth telling) is allowed. Persons religious beliefs are not admissible to show that witness is more/less believable Attorney is stating a fact that was never brought up in any testimony or evidence.