Objection Objection The question requires information beyond the scope of the

Objection objection the question requires information

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Objection: “Objection. The question requires information beyond the scope of the witness’s knowledge.” Rule 303: REFRESHING RECOLLECTION . If a witness is unable to recall a statement made in an affidavit, the attorney on direct may show that portion of the affidavit that will help the witness to remember. b. Cross-Examination (questioning the other side’s witnesses) Rule 304: FORM OF QUESTION . An attorney may ask leading questions when cross- examining the opponent’s witnesses. Questions tending to evoke a narrative answer should be avoided. Rule 305: SCOPE OF WITNESS EXAMINATION . Attorneys may only ask questions that relate to matters brought out by the other side on direct examination, or to matters relating to the credibility of the witness. This includes facts and statements made by the witness for the opposing party. Note that many judges allow a broad interpretation of this rule. Objection: “Objection. Counsel is asking the witness about matters that did not come up in direct examination.” Rule 306: IMPEACHMENT . An attorney may impeach the credibility of a witness (show that a witness should not be believed) in the following ways:
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 32 1. A witness may testify as to another witness’s reputation for truthfulness, provided that an adequate foundation is established for the testifying witness’s ability to testify about the other witness’s reputation. Example: Ben testifies at trial. Jeannette th en takes the stand and is familiar with Ben’s reputation in the community as not being truthful. Jeannette therefore would be able to testify to Ben's reputation for truthfulness. 2. Counsel may ask questions demonstrating that the witness has made statements on other occasions that are inconsistent with the witness’s present testimony. A foundation must be laid for the introduction of prior contradictory statements by asking the witness whether he or she made such statements. Example: If a witness previously stated that the car was black but at trial testified that the car was red, the witness could be questioned about this prior inconsistent statement for impeachment purposes. 3. An attorney may ask questions demonstrating the witness’s bias in favor of the part y on whose behalf the witness is testifying, or hostility toward the party against whom the witness is testifying or the witness’s interest in the case. Examples: “Isn’t it true that you are being paid to testify at this trial?” If the witness is paid to t estify, he may have an incentive not to tell the truth while testifying. Steve is on trial for bank robbery, and calls his father as a defense witness to testify that they were watching football at the time of the crime. On cross-examination, the prosecuto r could attempt to demonstrate the father’s bias that could cause him to fabricate an alibi for his son. Proper questions to impeach the father’s credibility might include, “You love your son very much, don’t you?” and “You don’t want to see your son go to jail, do you?” Rule 307:
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  • Spring '17
  • mrs callman
  • Test, The Land, attorney, Mock Trial Subcommittee

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