washington mock trial rules of evidence - YMCA of Greater Seattle

Badgering/Argumentative. “Objection. Counsel is badgering the witness.” Or, “Objection.Counsel is arguing with the witness.”Motion to Strike. If inadmissible evidence has been introduced before an objection can betimely made and the court sustains the objection, a follow-up motion should always bemade to purge the record of the tainted evidence. “Your Honor, I move to strike the[nonresponsive] [inadmissible] portion of the witness's testimony from the record,” or,“Your Honor, I ask that the jury be instructed to disregard the witness’s last statement.”Note: Teams are not precluded from raising additional objections which are available underthe Washington Mock Trial Rules of Evidence.Introduction of ExhibitsThere is a formal procedure for introducing exhibits, e.g., documents, pictures, guns, etc.,during an actual trial. The exhibit must be relevant to the case, and the attorney must beprepared to defend its use on that basis.In mock trial, exhibits are usually pre-marked for identification, and the parties stipulate totheir authenticity. In State competition, teams often use enlarged copies of the exhibits,but enlargements are normally not allowed under the National rules.Below are the basic steps to use in mock trial when introducing a physical object ordocument for identification and/or use as evidence.• Take the item, without showing it to the jury, and show it to opposing counsel. Thenask the court for permission to approach the witness.• Hand the marked exhibit to the witness while stating, “I am now handing you [adocument] [an item] previously marked for identification as Exhibit 1.” Ask the witnesswhether he or she knows or recognizes the exhibit, and then ask the witness what it isin order to identify it and establish its relevance.• After laying this foundation, offer the exhibit into evidence. “Your Honor, I offerExhibit 1.”Opposing counsel will either object to the offering of the exhibit or say, “No objection.” Ifopposing counsel makes a specific objection as to why the exhibit is not admissible, theattorney offering the exhibit will be given an opportunity to respond. In many casesopposing counsel will simply object for lack of foundation, meaning that the attorney