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In this lesson, you will learn what evidence is, the steps of trial, how to handle direct and cross-examination, and objections that may arise.
Presentation of evidence
- Evidence
- Plaintiff’s case-in-chief
- Direct examination
- Objections
- Sample objections
- Cross-examination
- Impeachment
- After the plaintiff’s case-in-chief
- Defendant’s case-in-chief
- Rebuttal and surrebuttal
Transcript
Now it\’s time to present evidence. Evidence is anything offered to prove or disprove the existence of a fact. In a trial, evidence is presented in the form of witnesses or exhibits. Again, since he has the burden of proof, the plaintiff presents his or her case first.
The main case put on by a party is called the case-in-chief. In his case-in-chief, the plaintiff will present evidence to convince the trial of fact – the judge or jury – to render a verdict in his favor. To meet the burden of proof, the plaintiff must have a prima facie case.
That is, he must present the evidence that meets all elements of the claim. During his case-in-chief, the plaintiff questions his own witnesses. After that, the defendant can cross-examine the plaintiff\’s witnesses.
Parties introduce evidence during direct examination. That way, witnesses can tell what they remember. During direct examinations, don\’t lead the witness by asking a series of yes or no questions. Ask open-ended questions to let the witness explain. Finally, try to anticipate and prepare for objections.
An objection is a formal request that the judge disallowed testimony of a witness or other evidence that violates the rules of evidence or procedure.
Objecting gives the judge a chance to rule on an issue and preserves the issue for appeal. If a judge sustains the objection, the testimony or evidence is not allowed. If she overrules it, the testimony or evidence is allowed.
Some common objections are
- relevance, where the evidence does not relate to the issues,
- ambiguous, or the question may have more than one meaning,
- leading, a question that leads the witness to make an assertion, and
- hearsay, a question that invites a witness to offer unsubstantiated evidence.
There are many other grounds for objection.
Once the plaintiff is done questioning his witness, it is the defendant\’s turn to do so. Cross examination is the questioning of a witness by the opposing party. Unlike direct examination on cross, ask leading yes or no questions to drive the witness to the conclusion you want. It\’s also important that you know what a witness will likely say. Deposing them beforehand helps with this. It also helps when you have to impeach the witness.
To impeach a witness is to challenge them on the truthfulness of their statements. One way to impeach them is to challenge them with inconsistencies between their current testimony and prior statements from a deposition or other discovery.
After the plaintiff\’s case-in-chief, the defendant can move for a directed verdict or judgment as a matter of law if he feels that no reasonable jury could find for the plaintiff or that the plaintiff does not have sufficient evidence to support his case. If neither motion prevails, the case moves on to the defendant\’s case-in-chief.
Like the plaintiff, the defendant can now present her case-in-chief. She will question her own witnesses and the plaintiff can cross-examine them.
At the end of the defendant\’s case-in-chief, the plaintiff can present evidence to refute a claim made by the defendant. This is called a rebuttal. The plaintiff cannot go into new matters.
In some cases, the defense may be allowed to respond to issues raised in the rebuttal. This is called a \”surrebuttal\”.