Mode & Order of Presentation of Evidence

Question 1

Trial Process

Answer 1

1. Begins with P’s case in chief,
2. followed by D’s case
3. Followed by P’s Rebuttal

Question 2

What does the Judiciary have control over?

Answer 2

To effectively determine the truth, avoid wasting time, and protect witnessess from harassment, the court has discretion as to:

1. Order of witnessess
2. presentation of case

Question 3

Exclusion of Witnesses

Answer 3

Court must exclude witnesses from the courtroom so they don’t hear the testimony of other witnesses

Question 4

Exclusion of Witnessess Exception

Answer 4

Some witnesses, may not be excluded under the rule

1. A party to case who is a natural person
2. Individual designated as a rep. of non-natural parties
3. Persons essential to a party’s presentation of the case, and
4. persons whose presence is permitted by statute (i.e. victim)

Question 5

Examination of witness

Answer 5

1. Party who calls the witness can examine the witness subject to the evidentiary rules
2. Another party can then cross-examine the witness

Question 6

Scope of Cross-examination

Answer 6

1. The subject matter of the direct examination and
2. Matters affecting credibility of the witness

Question 7

Can the court call witnesses?

Answer 7

yes, an all parties may cross-examine the witness

Question 8

Can the court question witnesses?

Answer 8

Yes, any witness called

Question 9

Can jurors ask questions of witnessess?

Answer 9

Yes, in federal court

Question 10

Motions to Strike

Answer 10

1. If witness’s answer makes testimony improper
2. Counsel should move to strike the answer as inadmissible
3. Only examining counsel may move to strike unresponsive answers

Question 11

What are leading Questions ?

Answer 11

Question that Suggests answers within the question

Question 12

When are leading questions not allowed?

Answer 12

1. Generally, not on Direct
2. When examiner & witness are on the same side

Question 13

When are leading questions permissible on Direct Examination?

Answer 13

1. Hostile Witness (Presents adverse testimony)
2. Adverse Witness (not on same side)
3. Witness struggles with communication due to:

• Age
• Physical Condition
• Mental condition

1. Introducing preliminary background information that’s not in dispute
2. To refresh recollection

Question 14

Leading Questions - Cross-Examination

Answer 14

No restrictions using leading questions

Question 15

Improper Questions

Answer 15

1. Compunds Questions
2. Question Assumes Facts not in Evidence
3. Argumentative Question
4. Question Calls for Conclusion/Opinion
5. Repetitive Questions
6. Question Lacks Foundation

Question 16

Compound Questions

Answer 16

Requires answers to multiple questions, not allowed

Question 17

Question Assumes Facts not in Evidence

Answer 17

Assumes as true certain facts that haven’t been established yet

Question 18

Argumentative Questions

Answer 18

Intended to provoke rather than elicit a factual response

Question 19

Question Calls for conclusion/Opinion

Answer 19

Requires witness to draw conclusion or state opinion not qualified to make

Question 20

Question Lacks Foundation

Answer 20

Failure to est. necessary predicate, such as authentication of tangible evidence