expert witness can be asked for an expert opinion the questioning attorney must

Expert witness can be asked for an expert opinion the

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expert witness can be asked for an expert opinion, the questioning attorney must bring out the expert’s qualifications, education and/or experience. Example: The attorney asks the witness, an auto mechanic, “Do you think Luke’s recurrent, severe migraine headaches could have caused him to crash his car into the side of George’s house?” Objection: “Objection. Counsel is asking the witness to give an expert opinion for which the witness has not been qualified.” However, a doctor can provide an expert opinion on how migraine headaches affect eyesight. 7. PHYSICAL EVIDENCE Rule 601: INTRODUCTION OF PHYSICAL EVIDENCE . Physical evidence may be introduced if it is relevant to the case. Physical evidence will not be admitted into evidence until it has been identified and shown to be authentic or its identification and/or authenticity have been stipulated to. That a document is “authentic” means only that it is what it appears to be, not that the statements in the document are necessarily true. A prosecutor must authenticate a weapon by demonstrating that the weapon is the same weapon used in the crime. This shows that the evidence offered (the weapon) relates to the issue (the crime). If the weapon belonged to the prosecutor, it would not be relevant to the defendant’s guilt. The evidence must be relevant to the issue to be admissible.
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2018-2019 Mock Trial Case (Final Version Nov 5 2018) Includes all corrections made as of FEB 7, 2019 43 PROCEDURE FOR INTRODUCING EVIDENCE : Physical evidence need only be introduced once. The proper procedure to use when introducing a physical object or document for identification and/or use as evidence is: Have exhibit marked for identification. “Your Honor, please mark this as Plaintiff’s Exhibit 1 (or Defense Exhibit A) for identification.” a. Ask witness to identify the exhibit. “I now hand you what is marked as Plaintiff’s Exhibit 1 (or Defense Exhibit A). Would you identify it, please?” b. Ask witness questions about the exhibit, establishing its relevancy, and other pertinent questions. c. Offer the exhibit into evidence. “Your Honor, we offer Plaintiff’s Exhibit 1 (or Defense Exhibit A) into evidence at this time.” d. Show the exhibit to opposing counsel, who may make an objection to the offering. e. The Judge will ask opposing counsel whether there is any objection, rule on any objection, admit or not admit the exhibit. f. If an exhibit is a document, hand it to the judge. NOTE : After an affidavit has been marked for identification, a witness may be asked questions about his or her affidavit without its introduction into evidence. In order to read directly from an affidavit or submit it to the judge, it must first be admitted into evidence. Rule 602: REDACTION OF DOCUMENT . When a document sought to be introduced into evidence contains both admissible and inadmissible evidence, the judge may, at the request of the party objecting to the inadmissible portion of the document, redact the inadmissible portion of the document and allow the redacted document into evidence.
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  • Spring '17
  • mrs callman
  • Test, attorney, DVD region code

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