Mock Trial Objections

compound question

when an attorney asks more than one question at the same time

• ex: did you determine the time of death by interviewing Mr. Roy and requesting the autopsy report?

• response/exceptions: your honor, may I rephrase

asked and answered

when an attorney asks question repeatedly for emphasis

• ex: Q1: What did you hit Taylor with? Q2: Lets make sure we’re clear what did you hit her with?

• response/exception: your honor, may I rephrase? OR move on

hearsay

when an attorney asks for, or a witness quotes, a statement made outside of court (if offered for its truth)

• ex: Ariel heard from Flotsam that Jetsam sells drugs

• response/exception: explain using hearsay exceptions (not using testimony as truth just how it is influencing something)

the witness is being non-responsive

when a witness filibusters to avoid the question

• ex: witness asked what defendant was wearing at time of robbery and witness talks about the little mermaid

• response/exception: you will be objecting during cross, you can rephrase

argumentative (badgering the witness)

when an attorney asks questions in an unnecessarily aggressive way

• ex: how can you sit here and lie to the court about your attitude towards the victim

• response/exception: your honor, may I rephrase? OR move on

unfair extrapolation

when an attorney or witness invents a material fact not supported by the case packet

• ex: “I never trusted Sebastian to watch Ariel””But your statement reads you trusted her with your life”

• response/exception: show proof during cross (use line #s)

speculation

when a witness is asked to share their opinion on something about which they have no direct personal knowledge or professional expertise

• ex: what do you think Jes’s intentions were?

• response/exceptions: your honor, may I rephrase?

relevance (or character)

when a witness is asked about or shares information that has no direct connection to the case

• ex: asking a defendant about that time they kicked a dog in art forgery case when discussing a murder case

• ex (character): defendant always rude and particularly was rude on the day of to eh murder

• response/exceptions: explain relevance, explain using character exceptions

lack of foundation

when an attorney asks a question that needs more context

• ex: what did you see at the Broadway Dinner with no previous questions asking about location, position

• response: your honor may I lay a foundation

vague and ambiguous

when an attorney asks a question that is unclear

• ex: when did you see it happen?

• response: your honor, may I rephrase

leading the witness (allowed on cross)

when an attorney asks questions that aren’t open ended

• ex: during direct - @ 8 pm, you were at the deli, correct?

• response: your honor, may I rephrase