9. Witness Examination Flashcards
Why may a judge only exercise reasonable control over the witness examination?
Aid ascertaining the truth
Avoid wasting time
Protect W from undue embarassment
What is a leading question?
Suggests answer desired by answering ‘yes’ or ‘no’
- ‘Isn’t it true that you did…?’ ‘Yes’
When may leading questions be used?
Cross examination
Direct examination (NON-crucial areas) => UNLESS objected
- Preliminary/Introductory matter
- W needs aid to respond due to memory loss/immaturity/physical or mental weakness
- W is hostile (improperly uncooperative)
- W is adverse party
Re-direct examination
- New matter raised in cross-exam
What type of questions/answers are improper and not allowed?
Misleading
- Unintended admission
Compound
- More than one answer required
Argumentative
- Reflects examiner’s interpretation of the facts
Conclusionary
- W is NOT qualified/allowed to give opinion/conclusion
Assuming facts not in evidence
Cumulative
- Already asked question and answered
Supplemental answer
- Answer includes info outside of scope of question (yes/no + answer)
Harassing/Embarrassing
Narrative answer calling
Speculation calling
Lack of foundation
Non-responsive answer
When may a witness be excluded from a courtroom during another witness’ testimony?
Party’s request
- Judge MUST exclude witness
Judge’s own motion
When is witness not allowed to be excluded from a courtroom during another witness’ testimony?
Party
Designated officer/Employee of Party
Essential to party’s testimony
Statutory authorised
When may adverse party object to witness examination?
At time of calling witness
At next available opportunity when jury is not present
What is evidence admissibility limited to?
One purpose
One party
Proper scope (instruct jury accordingly)
Exclude evidence ‘entirely’
- Probative value < Unfair prejudice
When must a motion to strike a question be made?
1) Question did NOT expect objectionable response
2) Move immediately after W’s response
