Verbal Communications Exam - Courtroom Testimony

Pretrial Stage

Phase of a criminal or civil case that occurs after charges or a lawsuit are filed but before the trial begins.

Filing of Charges or Complaint

Criminal: Prosecutor files charges or an indictment is issued.

Civil: Plaintiff files a complaint; the defendant is served with a summons

Arraignment

Criminal: Defendant is informed of charges and enters a plea (guilty, not guilty, no contest)

Civil: Defendant responds with an answer or motion to dismiss.

Discovery

Criminal: Police reports, witness lists, forensic tests

Civil: Documents, depositions, interrogatories

Goal: prevent surprises and encourages fair play

Reasons attorneys file motions

Suppress evidence

Dismiss charges or claims

Compel discovery

Change the venue

Request separate trials or consolidation

What stage are most cases resolved in?

Plea bargains or settlement negotiations

Voir Dire

Legal process used to question potential jurors or expert witnesses before they are selected to participate in a trial

Goal of voir dire

Ensure fairness by identifying any bias, prejudice, or lack of qualification

Re-cross examination

Happens after redirect

Usually limited to topics brought up during redirect

Sustained

The objection is valid. The witness may not answer, or the evidence is excluded

Overruled

The objection is denied. The witness may answer, or the evidence stays.

Relevance

Testimony must relate to issues in the case

Material

Evidence, facts, or statements that are significant and could influence the judge or jury’s decision on a key issue in the case, affecting the outcome or course of the proceeding.

Hearsay

Statement made outside the courtroom that is offered in court to prove the truth of what it says.

Not generally allowed unless it fits an exception (dying declaration)

Competency

Understand the charges against them

Understand the courtroom process

Be able to assist their lawyer in their defense

Witness must understand the duty to tell the truth

Children and mentally impaired persons may testify if deemed competent

Impeachment

Discrediting a witness’s testimony during a trial

The Daubert Standard

The judge acts as a “gatekeeper” to assess whether expert testimony is relevant and reliable.

Daubert Factors

Be testable

Be peer-reviewed and published

Have a known error rate

Have standards controlling its operation

Be generally accepted 

The Frye Standard

Expert scientific evidence is admissible only if it is “generally accepted” by the relevant scientific community

Sequestration Rule

Keeps any party that may testify in the case out of the courtroom while the trial is taking place.

Requires all of the witness’ to refrain from discussing or conferring about the case.

When are leading questions allowed?

Only during cross-examination

Prejudice

Holding of an opinion not based on proof or competent evidence.

Subpoena duces tecum

Requires you to bring documents with you.