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A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading ...
Narrative: the question asks the witness to relate a story rather than state specific facts. This objection is not always proper even when a question invites a narrative response, as narrative testimony may be required or preferred due to the circumstances of the case. Privilege: the witness may be protected by law from answering the question.
the witness testifies at the present trial; and; 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 ...
Whether that should include questions about their opinions about potential witnesses, the other defendants and issues that go to the heart of the case dominated that discussion.
Attorneys must lay a foundation for witness testimony at trial. [26] The process differs when the witness is a lay witness or an expert witness. [26] However, as a baseline matter for both expert and lay witnesses, the testimony must be established to be helpful in assisting the trier of fact understand a fact at issue in the case. [27] [28]
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.
For example, the opponent might elicit on cross-examination an admission that the witness did not directly perceive every single part of the events at issue; the proponent will attempt on redirect to establish that the witness perceived enough of those events that the finder of fact can draw reasonable inferences as to the gaps where the ...
Donald Trump and his sons Don Jr. and Eric will be among the witnesses in next week's $250 million civil fraud trial against the former president and his companies, new court filings show.