Mock Trial Objections

SCOPE OF MATERIALS

Rule 102: the objection is beyond the listed tournament objections.

RELEVANCY

Rule 201: This means that the only physical evidence and testimony allowed is that which tends to make a fact which is important to the case more or less probable than the fact would be without the evidence.

CHARACTER

Rule 202: This evidence may not be

introduced unless it is an issue in the case or unless the evidence is being offered to show the truthfulness or untruthfulness of the party or witness.

OTHER CRIMES, WRONGS, OR ACTS

Rule 203: This evidence is not admissible to prove the character of a person. Such evidence, however, may be admissible for purposes other than to prove character, such as to show motive, intent, preparation, knowledge, or identity.

FORM OF QUESTION

Rule 301: Witnesses should be asked direct questions and may not be

asked leading questions on direct examination. Direct questions are phrased to evoke a set of facts from the witnesses. A leading question is one that suggests to the witness the answer desired by the examiner and often suggests a "yes" or "no" answer.

SCOPE OF WITNESS EXAMINATION

Rule 305: 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.

IMPEACHMENT

Rule 306: An attorney may do this to harm the credibility of a witness (show that a witness should not be believed) in the following ways:

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.

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.

3. An attorney may ask questions demonstrating the witness's bias in favor of the party 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.

EVIDENCE OF A CRIMINAL CONVICTION

Rule 307: For the purpose of attacking the credibility of a witness, this evidence shall be admitted, but only if the crime was a felony or involved moral turpitude, regardless of punishment, and the court determines that the value of this evidence as reliable proof outweighs its prejudicial effect to a party. Crimes of moral turpitude are crimes that involve dishonesty or false statements. These crimes involve the intent to deceive or defraud, such as forgery, perjury, counterfeiting and fraud.

LIMIT ON QUESTIONS.

Rule 308-309: up to three, but no more than

three followup questions, may be asked by the attorney , but such questions are limited to matters raised by the previous attorney

ARGUMENTATIVE

Rule 310: A question in which the cross-examiner challenges the witness about his or her inference from the facts, rather than seeking additional facts.

COMPOUND QUESTION

Rule 311: A question that requires the witness to give one answer to a question, which contains two separate inquiries. Each inquiry in an otherwise compound question could be asked and answered separately.

ASKED AND ANSWERED

Rule 312: A student-attorney may not ask a student-witness a question that the student-attorney

has already asked that witness.

SPECULATION

Rule 313: Questions that ask a witness to form a theory or conjecture about a subject without firm evidence or are not within his personal

knowledge

HEARSAY

Rule 401: The witness on the stand is repeating what she read or heard someone else say outside of the courtroom and this statement is offered for the truth of the fact asserted in the statement or document.

ADMISSION OF A PARTY OPPONENT

Rule 402: A judge may admit hearsay evidence if it

was a prior out-of-court statement made by a party to the case that amounts to an admission that is against that party's interest at trial.

STATE OF MIND

Rule 403: A judge may admit an out-of-court statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health).

Example: Mike is on trial for a murder that occurred at the West End Restaurant. Mike's defense relies upon the theory that another person, Jane, committed the murder. The defense then calls a witness who testifies that on the night of the

murder he heard Jane say that she intended to go to the West End Restaurant. This hearsay statement is admissible as proof of Jane's intent to go to the restaurant.

BUSINESS RECORDS

Rule 404: A judge may admit a memorandum, report, record, or data compilation concerning an event or act, provided that the record was made at or near the time of the act by a person with knowledge and that the record is kept in the regular course of business.

PRESENT SENSE IMPRESSION

Rule 405: A judge may admit an out-of- court statement of a declarant's statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. The rationale for this exception is that a declarant's description of an event as it is occurring is reliable because the declarant does not have the time to think up a lie.

STATEMENTS IN LEARNED TREATISES

Rule 406: A statement in a

handbook, periodical or pamphlet is admissible if:

(A) The statement is called to the attention of an expert witness on crossexamination

or relied on by the expert on direct examination; and

(B) The publication is established as a reliable authority by the expert's admission or testimony, by another expert's testimony, or by judicial notice.

If admitted, the statement may be read into evidence but not received as an exhibit.

STATEMENTS BY AN UNAVAILABLE DECLARANT

Rule 407: In a civil case, a statement made by a person unable to give testimony at trial is admissible if a reasonable person in the declarant's position would have made the statement only if the declarant believed it to be true because, when the statement was made, it was so contrary to

the declarant's proprietary or pecuniary interest or had so great a tendency to expose the declarant to civil or criminal liability.

OPINION TESTIMONY BY NON-EXPERTS

Rule 501: A witness may not testify to any matter of which the witness has no personal knowledge, nor may a witness give an opinion about how the case should be decided. In addition, a witness may not offer opinions as to any matters that would require specialized knowledge, training, or qualifications unless he/she has been declared an expert in that particular field.

OPINION TESTIMONY BY EXPERTS

Rule 502: The attorney for the party for

whom the expert is testifying must qualify the witness as an expert. This means that before the expert witness can be asked for an expert opinion, the questioning attorney must bring out the

expert's qualifications, education and/or experience.

INTRODUCTION OF PHYSICAL EVIDENCE

Rule 601: 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.

REDACTION OF DOCUMENT

Rule 602: 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, cross out the inadmissible portion of the document and allow the document into evidence.

VOIR DIRE OF A WITNESS

Rule 603: The purpose is for the opponent to test the competency of the witness or evidence using

no more than three leading questions but it must be remembered that and the opponent is not entitled to conduct a general cross-examination on the merits of the case.

INVENTION OF FACTS (Direct)

Rule 701: the witness is limited to the facts

given. Facts cannot be made up. If the witness goes beyond the facts given opposing counsel may object.

If a witness testifies in contradiction of a fact given in the witness's statement, opposing counsel should impeach the witness during cross- examination.

INVENTION OF FACTS (Cross)

Rule 702: Questions should not seek to elicit

information that is not contained in the fact pattern. If a witness is asked a question, the answer to which is not contained in the witness's statement or the direct examination, the witness may respond with any answer that does not materially alter the outcome of the trial. If a

witness's response might materially alter the outcome of the trial, the attorney conducting the cross-examination may object.

PROCEDURE FOR OBJECTIONS

Rule 801: Each attorney is

restricted to raising objections concerning witnesses, whom that attorney is responsible for

examining, both on direct and cross-examinations.