Oklahoma mock trial objections/ rules of evidence

Vague and Ambiguous

611 (a)(1) questioning must be effective for determining the truth

Compound question

611 (a)(1) questioning must be effective for determining the truth

Assumption of facts not in evidence

611 (a)(1) questioning must be effective for determining the truth

Mischaracterize/misquote testimony

611 (a)(1) questioning must be effective for determining the truth

Narrative/calls for narrative

611 (a)(1) questioning must be effective for determining the truth & (2) must avoid wasting time

Non responsive

On cross examination, 611 (a)(1) questioning must be effective for determining the truth

Asked and answered

611 (a)(2) avoid wasting court’s time

Harassing/embarrassing/badgering witness

611 (a)(3) questioning must protect witness from undue harassment/embarrassment

Argumentative question (statement instead of question)

611 (a)(3) questioning must protect witness from undue harassment/embarrassment

Leading question (on a direct)

611 (c)

You are objecting Relevance

401 this does not make it more or less probable that the defendant did (elements).

You are responding to relevance objection

This goes to prove (lawful/unlawful action, depraved mind, or credibility/bias, etc)

More prejudicial than probative (or more misleading for the jury than probative)

403

Character evidence offered for improper purpose

404, 405

Cumulative evidence

403

Prior inconsistent statement not properly presented (improper impeachment)

613 (b) If the witness is getting impeached, attorney has to give witness opportunity to explain themselves. (“Is that your sworn testimony in court today?” Which is true?”)

Improper opinion testimony by lay witness

701

Lack of personal knowledge

602

Speculation/calls for speculation

701 (the witness is not an expert) or 602 (lack of personal knowledge)

Hearsay

801 defines it, 802 says its inadmissible

Hearsay exception declarant available

803

Hearsay exception declarant unavailable.

804

Hearsay exception present sense impression

803 (1)

Hearsay exception excited utterance

803 (2)

Hearsay exception recorded recollection

803 (5)

Hearsay exception record of regularly conducted activity

803(6)

hearsay exception absence of regularly conducted activity

803(7)

Hearsay exception public record

803 (8)

Hearsay exception absence of public record

803 (10)

Hearsay exception statements in learned treatises, periodicals, or pamphlets

803 (18)

Hearsay exception reputation concerning character

803(21)

Hearsay exception statement under belief of imminent death

804 (b) (2)

Hearsay exception declarant unavailable because he’s dead or ill

804 (a) 4

Hearsay exception statement against interest

804 (b) (3)

Hearsay within hearsay

805