Definitions

Question 1

Narrative

Answer 1

Vague / Broad open ended questions which allow the witness to offer long, drawn out testimony that exceeds 1 paragraph in length.

Question 2

Relevance

Answer 2

Questions that call for testimony or an opinion from a witness that is irrelevant or non essential to understanding the truth of the matter.

Question 3

Leading Question(s)

Answer 3

Close ended questions that call for a Yes / NO Answer. Used only on Cross Examination.. Should not be used on Direct, other than to lay foundation.

Question 4

Lack of Foundation

Answer 4

Attorneys are required to ask questions to lay proper foundation before introducing exhibits and entering evidence exhibits.

Question 5

Argumentative

Answer 5

Questions that call for witness testimony that requires them to agree with an argument and not facts.

Question 6

Speculation

Answer 6

Questions that call for witness testimony about the motives, intentions behind another’s behavior / actions without possessing the knowledge or qualifications to do so.

Question 7

Hearsay

Answer 7

Questions that call for witness testimony about information from out of court statements other than their own, to prove the truth of the matter.

Question 8

Badgering the Witness

Answer 8

Attorneys may not antagonize, intimidate, or harass a witness in any way that is disrespectful.

Question 9

Repetitive

Answer 9

Asking the same question multiple times in a row.

Question 10

Asked & Answered

Answer 10

Questions that have already been asked and answered by the witness cannot be asked again.

Question 11

Unfair Extrapolation

Answer 11

Questions that call for witness testimony about facts, issues, topics, events and information not stated in / connected to anything in their affidavit.

Question 12

Improper Character Evidence

Answer 12

Questions that call for witness testimony about the character of a witness regarding traits other than honesty or truthfulness.

Question 13

Assuming Facts not in Evidence (Hypothetical)

Answer 13

Attorney’s cannot ask questions calling for witness testimony on unproven facts in the case (requires the witnesses to make unproven assumptions they are not qualified to make).

Question 14

Beyond the Scope

Answer 14

On Redirect or Recross, questions that call for testimony on areas not covered by Direct or Cross Line of Questioning.

Question 15

Lack of Personal/Professional Knowledge

Answer 15

Questions that call for opinion testimony from a lay witness on an issue they have no knowledge of or does not fall under common knowledge.

Question 16

Non-Responsive Answer

Answer 16

Witness does not respond to questions accurately or correctly by an attorney (Normally on Cross.