Mock Trial Objections Part II

UPCOMING MEETINGS/NEWS We meet “Every” Tuesday and Thursday starting next week from 2:10-4:00 Hamburg Town Court Meetings: Wed December 12, 19 and 26 (From 6:00- 8:30pm) Next week Tuesday- Decide teams/roles, review meeting notes “TEAM” discussion (Practice as we compete, open discussion, read everything)

CASE POINTS TO REVIEW AND KNOW Please read and know “Every” witness statement (Annotate, take notes, connect statements) PLEASE KNOW the “Instructions for Tenant” exhibit well (Sets rules for allowing transfer of property) Arbitrary and Capricious: If the Housing Departments is kicking Davison out for no good reason or for some poor reason, he wins his appeal Read and Know the Petition (Complaint) and Answer so we know what each sides agrees to and what they disagree to (Agreements are not to be argued)

Rule 302: Scope of Witness Examination Direct examination questions may cover “Anything” relevant to the case which the witness has first hand knowledge First hand knowledge means they saw or heard something (They cannot refer to other statements in the case) Cross examination is based on what comes out in the direct and only the direct, unless you can make something connect

Rule 308: Limit on Questions After Cross examination, the attorney asking the direct questions can choose to redirect or allow the witness to come off the stand Re-Direct is limited to 3 questions only and must be based on the cross examination “If” the witness is re-directed, the other party may re-cross with no more than 3 questions as well (Within scope of re-direct)

Rule 310: Argumentative Questions asking for an inference of the facts (Conclusion), rather than just what the facts are Ex) “Why were you driving so carelessly” Can’t ask that because it calls for a conclusion and a witness is being asked to agree to something that can’t be measured. You can ask “Why were you driving 38 mph in a 30 mph zone?”

Rule 311-312: Compound Questions and Asked and Answered (1)Compound questions (Rule 311) are ones that ask for more than one answer with a single question Ex: Can you tell us where you were when Jimmy was hit and who hit him? (2)Asked and answered (Rule 312) means the question has already been asked and covered, therefore it cannot be asked again Can re-ask a question if a witness is being difficult and you are still trying to clarify an answer

Rule 313: Speculation Questions that ask a witness to “guess” about something that’s not within their personal knowledge are not allowed WORST questions not to object to Ex: “Would you have seen the defendant rob the bank if you were blocked by the secretary” or “Is it possible that …..” Anytime a question starts with “Isn't it possible or is it possible, the witness is being asked to guess in most if not all cases”

Rule 401: Hearsay (1)An out of court statement (2)made by someone other than declarant (3)offered for the truth of the matter asserted In other words, you heard something or read something and you are offering it claiming to know what the witness meant by the statement, even though it was not said to you Not allowed unless you can add something to the statement to make it more believable

Rule 402- 406: Hearsay Exceptions Admission of a party Opponent: A statement offering that shows a defendant admitting guilt State of Mind: A statement offered to show a motive, intent, a plan, mental feeling or more Business Record: A statement offered based on some regularly kept record by a business (Adds to reliability) Present Sense Impression: A statement offered in which the witness can say they heard it while an event was taking place (Less chance of a lie) Statement by an unavailable Declarant: New Exception.. Offered to show it must be true because it could hurt the witness

Rule 501: Opinion Opinions are based on conclusions drawn from some set of data or facts Opinions cannot be made unless (1)the witness is an expert OR (2)you set the proper foundation for the Lay witness to give the opinion Lay witness: Non expert, someone with direct knowledge of the case (Saw or heard something)

Objection Procedure First, a question being asked or witness answer is objectionable (Questions or answers can be objected to) Next, the witness stands and gives their reason for objection Ex: Objection, leading Opposite attorney can ask to respond “Your honor may I respond?” “If” an explanation is needed, the judge or other attorney will ask for it If they ask for an explanation, you must explain why you are objecting. If they don’t. the judge will rule on the objection right away

JUDGE RULINGS Sustained: The objection is correct Over-ruled: The objection is not correct RULES: - Do not EVER continue to argue after a judge rules - Witnesses: Stop talking once an objection is made

FINALLY ALWAYS stand when the judge enters the court Keep your table neat and organized Once the plaintiff has called all their witnesses, one attorney must stand and say “The Plaintiff rests your honor” Once the defense has called all their witnesses, one attorney must stand and say “The defense rests your honor” Witnesses: Speak to the JUDGE as this is who you must convince. Practice this. Slow down… You must be heard Loud and Proud… Chins up, speak up