DESTROYING A WITNESS' CREDIBILITYShow contradictions between their pre-trial testimony and trial testimony.Exposing their 'little white lie'Showing a witness didn't know the answer during deposition but suddenly at trial they know all the answers.
When a lawyer asks permission to treat a witness as hostile, they are doing that so that they can 'lead' the witness. When an attorney calls a witness and questions him or her, that is called a direct examination and the attorney must ask open-ended questions rather than leading questions.
Correct Your Mistakes If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony.Apr 22, 2015
When a lawyer is unnecessarily hostile to, combatative with or harrassing a witness. ... Badgering a witness is grounds for objection.
An adverse witness who is not hostile towards the party who called him to testify. An unfavourable witness may not be cross-examined by that party. See hostile witness.
Typically, when attorneys ask to approach the bench they want to discuss a point of the case. Most often, these discussions concern matters of law or procedure. These discussions are purposefully held out of the jury's hearing to avoid confusing the issues or influencing the jurors.Jun 8, 2014
If your answer was not correctly stated, correct or clarify it immediately. Don't say, "that's all of the conversation" or "nothing else happened." Instead say, "that's all I recall" or "that's all I remember happening." It may be that after more thought or another question, you may remember something important.
Things You Should Not Say in CourtDo Not Memorize What You Will Say. ... Do Not Talk About the Case. ... Do Not Become Angry. ... Do Not Exaggerate. ... Avoid Statements That Cannot Be Amended. ... Do Not Volunteer Information. ... Do Not Talk About Your Testimony.Sep 27, 2016
A witness is compellable if he or she may lawfully be required to give evidence. Most witnesses who are competent can be compelled to give evidence.Jul 24, 2018
In the American legal system, argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. ... Thus, an argumentative objection may be raised only when the lawyer themself is making a legal argument under the guise of asking a question.
If a witness testifies about an opinion s/he has that is technical in nature and not based on any facts the witness has first-hand knowledge of, then you may be able to object based on it being their opinion. Generally, only a witness who has been recognized as an expert witness by the judge can offer an opinion.
Some common objections include:Irrelevant. ... The witness is incompetent.Violation of the best evidence rule.Violation of the hearsay rule.Speculative. ... Leading. ... Violation of the parol evidence rule.Repetitive.