Description
When an attorney asks a question about facts that testimony has not presented during the trial.
Purpose/Policy/Reason
Without having an objection to the assumption of facts, attorneys would be allowed to assume anything they want without presenting any evidence.
Examples
“Mrs. Smith, what was in the green box inside your attic?”
(In this case, you would object to the question if the green box that was inside Mrs. Smith’s attic hasn’t been presented in the trial yet.)
“Mr. Jones, where did you take your son on the night in question?”
(In this case, you would object to the question if where Mr. Jones took his son on the night in question hasn’t been presented in the trial yet.)
“Mrs. Harrison, where did you place your purse when you got home that afternoon?”
(In this case, you would object to the question if where Mrs. Harrison placed her purse that afternoon hasn’t been presented in the trial yet.)
Federal and Georgia Mock Trial Rule of Evidence
Article IV.
Rule 402. General Admissibility of Relevant Evidence
Relevant evidence is admissible unless any of the following provides otherwise:
- the United States Constitution;
- a federal statute;
- these rules; or
- other rules prescribed by the Supreme Court.