1. I object

2.  Slow down the flow of questioning and Buy your witness a little time (especially under a tough cross examination)  Because the lawyers are “breaking” the rules  Prove a point to the jury (send them a message)  Why object? Why object?

3.  The Lawyer who’s witness is on the stand.  Witnesses, do not object!!!! (however you may signal with facial expressions to your lawyers that you need some help)  No lawyer can object during an opening or closing statement (unless what’s being said is a HUGE lie)

4.  Leading Questions  A leading question is one that usually states some facts not previously discussed and then asks for a yes or no answer  Leading questions should be asked on cross examination  Leading questions should NOT be asked under direct  Unless you are simply laying a foundation for another question.

5.  Narration occurs when a witness provides more information than the question called for  Witnesses must respond only to what was asked

6.  Questions and answers must relate to the subject matter or proceedings of the case  Is a tree relevant???  Lawyers: Know WHY you are asking the question and you can make anything relevant

7.  Hearsay is…  Something the witness has heard someone else say outside the courtroom and is being offered to prove the “truth of the matter asserted.”  There are exceptions to hearsayexceptions  Hearsay is allowed if it is credible

8.  Only expert witnesses may give opinions  The witness has to be “qualified” to give this.  Have to be educated in the field of expertise.  Have to have worked in that field  Sometimes a layperson may be qualified…let me give you a quick example.

9.  Only expert witnesses may speculate on hypothetical situations  Example: Doctors may speculate on the condition or treatment of their patients based on medical facts  Witness cannot say what they believe should or should not happen in the case.

10.  Questions may not be repeated by the attorney who asked the question initially, unless it is for clarification purposes Questions  Tip: If you want to go over information already covered, start your question with “for clarification please…”

11.  Attorneys may not argue with witnesses  Usually sounds like this: “But you said before…were you lying…how can we believe anything you say”