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Cards In This Set
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When opposing counsel is arguing with or harassing YOUR WITNESS.
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Arugmentative/ Badgering the witness.
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When oppsoing counsel asks a question that involves facts that have not already been stated by that witness or a prior witness.
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Assumes facts not in evidence.
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When opposing counsel asks a question and gets an ansewer from the witness and then asks the same question again, but maybe in a different way.
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Asked and answered
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When opposing counsel asks a question that you did not bring up in your direct, cross or re-direct-which ever form of questioning came right before opposing counsel's current form of questioning.
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Beyond the scope
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When opposing counsel is asking a witness about his or her character (i.e.- whether he or she always tells the truth or lies or whether he or she is a good person or a bad person, etc.)
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Character of the witness
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When opposing counsel OR THE WITNESS ask about OR TALKS ABOUT what another pwerson said out of court in order to prove that what the the other person said is actully what happened.
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Hearsay
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When opposing counsel has not established that the winess is able to answer a question because oppsoing counsel had not established that the witness is qualified.
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Lack of foundation
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When opposing counsel OR THE WITNESS has not established that the witness is able to answer a question because opposing counsel OR THE WITNESS has not demonstrated that they have knowledge to answer the question
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Lack of personal/ Professional knowledge
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When opposing counsel ON DIRECT EXAMINATION OR RE-DIRECT EXAMATION asks a question that forces the witness to answer only in one way- either a 'yes' or a 'no'
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Leading question
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When opposing witness answer more than just the question asked. (The witness can talk for a little bit beyond the answer of the question.)
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Narrative answer
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When opposing counsel OR THE WITNESS asks about OR TALKS ABOUT facts that are not related to or do not matter in this case.
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Relevance
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When opposing counsel OR THE WITNESS asks about OR TALKS ABOUT something about which the witness must guess and about which the witness has no personal knowledge.
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Speculation
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When THE OPPOSING WITNESS is not answer your question because he or she dows not want to answer them. (Not because he or she doesn't know the answer.)
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Unresponsive
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When THE OPPOSING WITNESS is making up facts that are very important to the case that were not in his or her witness statement.
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Unfair Extrapolation
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