Unfair Extrapolation

Description

The unfair extrapolation objection is particular to mock trial circumstances. When the witness’s testimony includes facts that are not in the original case materials and that can affect the outcome of the trial, an attorney may object for unfair extrapolation.

Purpose/Policy/Reason

If this objection didn’t exist, trials could be decided based off of evidence that wasn’t presented in the case materials. This would be unfair because it doesn’t give attorneys a chance to adequately prepare.

Examples

“Mr. Carter, Mrs. Salazar has taken your money before, right?”

(In this case, you would object to the question if Mrs. Salazar having taken Mr. Carter’s money before was not in the case materials.)

“Mrs. Warren, you were at the gymnasium on the night in question, weren’t you?

(In this case, you would object to the question if Mrs. Warren being at the gymnasium on the night in question was not in the case materials.)

“Mr. Ingram, you drove by the scene of the crime, didn’t you?”

(In this case, you would object to the question if Mr. Ingram driving by the scene of the crime wasn’t in the case materials.)

Federal and Georgia Mock Trial Rule of Evidence

Rule 4: Unfair Extrapolation

(b) Attorneys shall not ask questions calling for information outside the scope of the case materials or requesting an unfair extrapolation. If a witness is asked information not contained in the witness’ statement, the answer must be
consistent with the statement and may not materially affect the witness’ testimony or any substantive issue of the case.

https://drive.google.com/file/d/1Km0cGShfF9d19e8sQZ9uDzP46ufjc_nH/view