Card Set Information
Improper invention of fact
any instance when a witness introduces testimony that contradicts her affidavit.
The attorney is arguing with the witness more than pursuing an answer.
Lack of Proper Predicate/Foundation
Attorneys must ask questions in a logical order that lays a proper foundation for the subsequent questions.
Assuming facts not in eveidence
If attorney asks a question that assumes unproved/unavailable facts
Questions calling for Narrative or General Answer
Question is broad and does not ask for a specific answer.
Witness has not answered the attorney's question
The answers to questions are producing the same testimony
When a question suggest the answer in a question. (can be used in cross-examination)
If an attorney is following redirect or recross, then the attorney must limit their questions to information that was in redirect/recross
Permitted Motion to strike testimony
If objection is successful an attorney may make a motion to request that the judge strike the testimony
Opinion testimony by lay witness
If a witness is not an expert, then they cannot offer their opinion UNLESS it is rationally based or helpful in understanding the witness' testimony.