Description
When the attorney questions the witness in a harsh or rough tone.
Purpose/Policy/Reason
The purpose of this objection is to protect the witness in cross-examination from an aggressive attorney.
Examples
Jim: I’m just saying…that you can’t be sure that it wasn’t you.
Dwight: That’s ridiculous – of course, it wasn’t me!
Jim: Marijuana is a memory loss drug, so maybe you just don’t remember…
Dwight: I would remember!
Jim: Well how could you if it just erased your memory?
Dwight: That’s not how it works!
Jim: No! I am conducting this cross-examination – now exactly how much pot did you smoke?! (In this case, Jim is aggressively cross-examining the witness, which is objectionable)
You put the stapler in the Jello, Jim?!” (In this case, the attorney is yelling at the witness, which is objectionable)
Did you fire a gun in the office, Dwight!?”
(In this case, the attorney is yelling at the witness, which is objectionable)
Federal and Georgia Mock Trial Rule of Evidence
Article VI. Witnesses
Rule 611: Mode and Order of Examining Witnesses and Presenting Evidence
(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
- make those procedures effective for determining the truth;
- avoid wasting time; and
- protect witnesses from harassment or undue embarrassment.