Escolar Documentos
Profissional Documentos
Cultura Documentos
be
Style
1. SPEAK UP WITH AUTHORITY.
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2. STAND UP.
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Timing
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Timing is critical.
If you object too soon, the judge would tell you this: Counsel let
the opposing counsel finish his question. Be seated!
If you object too long, the enemy attorney would have finished
the question and the witness may have answered.
If you fail to timely object to the question, MOVE TO STRIKE the
answer.
Disadvantages:
1. Everybody already heard the answer.
2. Damage had been done.
3. Low probability that the answer will be stricken off.
Preferred Style
RAISE YOUR HAND (as if to stop the witness from answering) and
STAND UP as soon as the question becomes or appears to be
objectionable. WAIT for the enemy attorney to finish his question and then
OBJECT stating your objection/s.
Classification
1. ARGUMENTATIVE
Formal objection
Used in both direct examination & cross-examination (DX/CX)
Only question-based (QB)
Links Repetitive, Misleading
Signals
o Repetitive questions
o Insulting questions (on past sexual encounters and matters of a
personal nature)
(d)
Of an unwilling or hostile
witness; or,
(e) Of a witness who is an adverse
party or an officer, director, or
managing agent of a public or private
corporation or of a partnership or
association which is an adverse
party. (Sec 10, Rule 132)
Assumes facts
opposite/different
from prior testimony
2. BEST EVIDENCE
Substantive objection
Used in both direct examination & cross-examination (DX/CX)
Both question-based & answer-based (QB/AB)
Links Hearsay, Speculative
Signal --- What did it say?
Pertains primarily to writings and not physical objects, unless the
physical objects contain writings.
Know the exceptions to the Best Evidence Rule
(a)
When the original has been lost or destroyed, or cannot
be produced in court, without bad faith on the part of the
offeror;
(b)
When the original is in the custody or under the control
of the party against whom the evidence is offered, and the
latter fails to produce it after reasonable notice;
(c)
When the original consists of numerous accounts or
other documents which cannot be examined in court without
great loss of time and the fact sought to be established from
them is only the general result of the whole; and,
(d)
When the original is a public record in the custody of a
public officer or is recorded in a public office.
Related to, but different from the, Parol Evidence Rule oral
testimony to contradict or vary the terms of a written contract
State the specific objection BEST EVIDENCE
Objection, Your Honor, this is not the best evidence of the contents of
the writing. Produce the original.
Your Honor, I move to strike the witness answer on the ground that is
violates the Best Evidence Rule.
Legal Basis: BEST EVIDENCE
Best Evidence Rule
or
(b)
The failure of the written agreement to
express the true intent and agreement of the
parties thereto;
(c)
(d)
The existence of other terms agreed to by
the parties or their successors in interest after
the execution of the written agreement.
The term "agreement" includes wills.
condition,
appearance)
Personal knowledge
4. FACTS ASSUMED
Formal objection
Used in both direct examination & cross-examination (DX/CX)
Both question-based & answer-based (QB/AB)
Links Leading, Misleading
Signals Watch out for questions that:
Are very long i.e. takes 10-15 seconds to ask
Contain too much information
Make assumptions
Tends to advance the enemys case through the attorney
Also known as assuming-facts-not-in-evidence; also used as no
basis or lacks basis
Could also be misleading if fact assumed misstates the evidence or
misquotes the witness
State the specific objection FACTS ASSUMED
Objection, Your Honor, the question assumes facts not in evidence.
Objection, Your Honor, the question is misleading and assumes facts
contrary to the evidence that has preceded.
Objection, Your Honor, I move to strike the answer because it is
misleading and it is contradictory to what is stated in the document.
Legal Basis: FACTS ASSUMED
Definition of a misleading question one Rule 132, Sec. 10, last
which assumes as true, a fact not yet par.
testified, or contrary to that which he has
A misleading question is
previously stated
5. HEARSAY
Substantive objection
Used in both direct examination & cross-examination (DX/CX)
Both question-based & answer-based (QB/AB)
Links Best Evidence, Speculative
First of the two POWER OBJECTIONS
Guide/Test Question
How does the witness know that?
If the answer is anything other than personal knowledge, it is
HEARSAY.
If the information is from a 3rd party or a document prepared by a 3rd
party, it is HEARSAY.
State the specific objection HEARSAY
Objection, Your Honor, the question calls for a hearsay answer.
Your Honor, I move to strike the answer of the witness for being
hearsay.
Legal Basis: HEARSAY
GENERAL
RULE
Dying
declarations; Declarations
against
interest; Rule 130, Sec. 37-47
Pedigree;
Family
reputation or pedigree;
Res gestae; Entries in the
course of official business
a&
official
records;
Commercial lists; Learned
treatises; Testimony in a
former proceeding
6. IRRELEVANT OR IMMATERIAL
Substantive objection
Used in both direct examination & cross-examination (DX/CX)
Both question-based & answer-based (QB/AB)
Guide/Test Question
Will this resolve a key or material issue in this case?
IRRELEVANT any evidence not tending to establish the probability
of the fact in issue.
IMMATERIAL does not relate to a fact critical to the outcome of
this case
10. REPETITIVE
Formal objection
Used in both direct examination & cross-examination (DX/CX)
Question-based (QB)
Link - Argumentative
Signal the question is similar to prior questions
Be cautious of favorable responses (will be asked again to be
repeated) & unfavorable responses (question will be repeated for
witness to correct the answer)
State the specific objection REPETITIVE
Objection, Your Honor, the question has been asked and answered.
Objection, Your Honor, the question is repetitive.
Legal Basis: REPETITIVE
Right of witness to be protected from Rule 132, Sec. 3
repetitive questions
11. SPECULATIVE
Substantive objection
Used in direct examination (DX)
Both question-based & answer-based (QB/AB)
Links Hearsay, Conclusion
Guide/Test Question
How does the witness know that?
Signals the words would and should and questions like that
ask a witness to guess about an information that the witness does
not personally possess
What was Xs motive? What was in Xs mind?
Is it possible that?
OK to ESTIMATE but must have personal information
State
AUTHENTICATION/NO
Classes of documents
Private documents
Public documents
PROPER/IMPROPER
Rule 132, Sec. 9
Rule 132, Secs. 2022
Rule 132, Secs. 3436
Substantive objection
Used in cross-examination (CX)
Question-based (QB)
Link - Leading
Signals Watch for questions:
Contain statements that were not covered during the direct
examination
Make your witness as the enemy attorneys own witness.
State the specific objection BEYOND THE SCOPE OF DIRECT
Objection, Your Honor, this is beyond the scope of direct.
Objection, Your Honor, this matter was not covered during the direct
examination.
Legal Basis: BEYOND THE SCOPE OF DIRECT
English Rule (for civil cases) CX to elicit
all important facts bearing upon the issue
i.e. COVERED by the DX and RELATED to
the area covered by the DX
Rights of a witness
ABC INQ
A B C
I