Description An out of court statement being offered in court to prove the matter of the truth of the matter asserted. Policy and Purpose Prevents a witness from giving unreliable and possibly false testimony from someone who might not be cross examined. Examples What did Molly say to Laura during lunch?”(In this case, the attorney […]
Beyond the Scope
Description Where the attorney asks a question that does not relate to the redirect/recross. Purpose/Policy/Reason To keep the attorney from straying away from the issue brought up in the redirect/recross and wasting everyone’s time. Examples Could you tell me some more about the day of the incident?” (In this case, the recross was about the […]
Leading Questions
Description These are only allowed during cross-examination. It is where the attorney asks a question that suggests the answer. Purpose/Policy/Reason The purpose of not allowing leading questions in the direct examination is to prevent the attorney from receiving misleading testimonial evidence. Examples You were at the scene of the crime, right?” (In this case, the […]
Lack of Personal/Professional Knowledge
Description When an attorney asks for something the witness does not have any knowledge of, the question calls for unreliable information. Purpose/Policy/Reason Witnesses should only testify about their personal experiences, rather than make suppositions about what they think could happen. Examples Could you tell us what thought happened to your wife that night?” (In this […]