Direct&Cross, and Relevance

Question 1

611(c)

Answer 1

Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony.

Question 2

Example of Leading Being Necessary on Direct

Answer 2

Question: What did the judge tell you?
Answer: I got to get bond, I got to get a bond, well, the lowest I got to get a bond here ‘cause the appeal went through I got to get a bond, I got to get bonded here in Pittsylvania County ‘cause before I can get a, they can go on with the procedure in Campbell Country.
Q: What you’re saying is the judge did not grant you a bond in Campbell County, but told you if you got a bond here ten he would consider granting you a bond for your appeal, is that correct?
A: Yeah

Question 3

611(a)(2)

Answer 3

The court should exercise reasonable control over the mode …. of examining witnesses and presenting evidence so as to . . . avoid wasting time

Question 4

612

Answer 4

(a) This rule gives an adverse party certain options when a witness uses a writing to refresh memory:
(2) before testifying, if the court decides that justice requires the party to have those options.
(b) . . . an adverse party is entitled to have the writing produced at the hearing . . . .

Question 5

402

Answer 5

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

Irrelevant evidence is not admissible

Question 6

401

Answer 6

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.