Objections Flashcards
Nonresponsive
(Important)
Witness’s answer can be stricken as nonresponsive if it goes beyond scope of the specific question that was asked.
* Look for YES OR NO questions where witness doesn’t answer just yes or no. Any additional testimony may be excluded as nonresponsive.
CEC: Motion to strike nonresponsive answer can be made by counsel for either party.
Speculation
Attorney cannot ask a witness to speculate or hypothesize about the existence or meaning of a fact
* Testimony must be based on witness’s personal knowledge, not on conjecture.
Leading Questions
Leading questions suggests the answer to the witness in the question itself.
* Allowed on cross-examination
* Generally NOT allowed on direct examination
Scope of Cross-Examination
Cross-examination is limited to:
* (i) matters raised during direct examination and inferences from those matters
* (ii) matters concerning credibility of witness (impeachment)