washington mock trial rules of evidence - YMCA of Greater Seattle

Sources for additional commentary include the Advisory Committee’s Notes for the FederalRules of Evidence, the Emanuel’s Evidence Outline, and Lubet’s Modern Trial Advocacy (2ded., NITA, 1997).Objections and Proper Question FormDuring the course of a trial, it is the right and the duty of an attorney to make objectionsto regulate the procedure for, and the admissibility of, evidence in accordance with therules of evidence. Upon receiving an objection, the judge will immediately decide whetherthe objection is accepted or rejected. If the judge agrees with the objection, he or she will“sustain” it. If the judge disagrees with the objection, he or she will “overrule” it. Anattorney may ask to be heard on the point. Some judges then allow brief argument for andagainst the admissibility of the challenged evidence. The attorneys are bound by the trialcourt's rulings on objections. (In actual legal practice, evidentiary rulings may form thebasis for a later appeal.)Trial judges expect lawyers in their courtrooms to follow both the evidence rules and thecustoms of the trial courts. Attorneys must know how to phrase questions on directexamination and cross-examination. They must also know both when to object and how toobject. Improperly phrased questions are objectionable.(A) Leading Questions Forbidden on Direct Examination. Leading questions are notpermitted during the direct examination of a witness except as may be permitted by thecourt to develop the witness's testimony. Ordinarily, leading questions should be permittedon cross-examination. When a party calls a hostile witness, an adverse party, or a witnessidentified with an adverse party, interrogation may be by leading questions.Comment: A leading question is one that suggests to the witness the answer desired bythe examiner, and often suggests a “yes” or “no” answer. On direct examination, questionsshould be open ended and phrased to elicit facts from the witness. Courts will allowleading questions on direct examination of children, the elderly, and handicapped persons.Leading questions may be permitted to elicit background information which is notobjectionable or to which no objection is made. Such questions save time and seek to elicitinformation that is not objectionable in most cases.A proper direct question might be phrased, “Describe the defendant's physical appearancejust before midnight the night of the party.” An improper leading question might bephrased: “Did the defendant appear glassy-eyed and unsteady just before midnight thenight of the party?”(B) Compound Questions Forbidden. A question which is composed of two or moreseparate questions within the question is not permitted.