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A few of the foregoing objections may also apply to the witness's response, particularly hearsay, privilege, and relevance. An objection to form—to the wording of a question rather than its subject matter—is not itself a distinct objection reason, but a category that includes ambiguity, leading, compounding and others.
An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
While most of the same objections to form are applicable as in the United States, the witness's lawyer may additionally take certain questions "under advisement" as a means of delaying answering the question, without making a formal objection. [6] The process is considered in Canada to be time-consuming and expensive when conducted without limits.
Even neutral questions can lead witnesses to answers based on word choice, response framing, assumptions made, and form. The words "fast", "collision" and "How", for example, can alter speed estimates provided by respondents. [6] When someone asks a leading question, they expect the other person to agree with the leading question.
[2] A motion to strike may also be used to request the elimination of all or a portion of a trial witness's testimony. During a jury trial , if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
In the majority of U.S. jurisdictions, character evidence is inadmissible in civil suits when being used as circumstantial evidence to prove that a person acted in conformity with their character; it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion. [2]
Requests for admission are a list of questions which are similar in some respects to interrogatories, but different in form and purpose.Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.).