Manner of Questioning and Sequestering Witnesses

Question 1

Is evidence of a witness’s religious beliefs or opinions admissible to attack or support their credibility?

Answer 1

No, but this evidence may come in for bias.

e.g.,

• Can’t just be, “your church hates liberals.”
• Has to be “didn’t you just sign an anti-trans petition at church?” when the D in the case is trans
• “Do you see defendant every week at LDS church you both attend?” suggests bias, as membership in same org suggests closeness

Question 2

What limits the scope of cross examination?

Answer 2

The scope of the preceding direct examination

Question 3

Can a court enlarge the scope of a cross examination?

Answer 3

Yeah

Question 4

What are leading questions?

Answer 4

Questions that suggest the answer

Question 5

Are leading questions allowed on direct examination?

Answer 5

Generally, no.

Question 6

What are 3 times when leading questions are allowed on direct examination?

Answer 6

1. Covering background matters (e.g., asking witness, “you have PhD in biology, correct?”)
2. developing testimony, like with a child witness
3. When the proponent has called a hostile witness, adverse party, or a witness identifies with an adverse party

Question 7

Can you ask leading questions during cross-examination?

Answer 7

YES

Question 8

What objection should you use when the harmful effect of questioning the witness exceeds the value of the testimony?

Answer 8

Badgering or harassing the witness

Question 9

What is present recollection refreshed?

Answer 9

When a witness has trouble remembering something, you can show them a document to refresh their memory, with the court’s permission and after showing the other side.

Question 10

What is the evidence for present recollection refreshed?

Answer 10

The witness’s refreshed testimony is the evidence, not the document used by the proponent. BUT the opponent can try to introduce the document into the evidentiary record if they want to keep the proponent accountable.

Question 11

What is the specific sequence for present recollection refreshed?

Answer 11

1. Establish that the witness has trouble recallinga particular matter
2. Ask the witness if it would be helpful for them to see a specific document or other item
3. You MUST show the document or other item to oppsing counsel
4. You must ask the court for permission to approach the witness.
5. You must show the document or item to the witness
6. Through very brief questioning, establish that the document or item has refreshed the witness’s memory.
7. Take the document or item away from the witness.
8. PRoceed with teh examination of the witness now that their memory has been refreshed.
9. REMEMBER THAT THE TESTIMONY IS THE EVIDENCE

not the document or the time that has been used to refresh recollection.

Question 12

What two questions does prior statements of a witness boil down to?

Answer 12

1. Can the witness see the statement of the impeaching evidence? (No, but the party must show it to opposing counsel)
2. Does the witness need a chance to explain or deny? (Yes, except if the witness is the party opponent because the party opponent has their own attorney, who can give them a chance to explain or deny

Question 13

Can a judge call a witness?

Answer 13

yes, a judge can call a witness whenever the judge wants

Question 14

When a judge calls a witness, does they have to do it by request?

Answer 14

No, a judge can call a witness on their own intitiative or at the suggestion of a party

Question 15

When a judge calls a witness, can both parties cross examine that witness?

Answer 15

Yes

Question 16

Can judges interrogate witnesses?

Answer 16

Yup

Question 17

Can a party object to a judge calling a witness?

Answer 17

yes

Question 18

When can a party object to a judge calling a witness?

Answer 18

in front of the jury or outside of the jury’s presence.

Question 19

What is sequestration?

Answer 19

requiring the witness to wait outside the courtroom while other witnesses testify

Question 20

Why do we sequester witnesses?

Answer 20

to prevent the distortion of testimony after a witness has listened to the testimony of a preceding witness

Question 21

How does a witness get sequestered?

Answer 21

A party can request it or a judge can order it of their own volition.

Question 22

What 4 categories of people or entities does sequestration not authorize excluding?

Answer 22

1. a party who is a natural person (human being who is one of the parties)
2. a non-natural person’s designated representative (MVP)
3. A person whose presence is essential to the presentation of the party’s cause (important expert witness)
4. A person who is authorized by statute to be present (crime victims, etc)