RE:Intro of Documents/Moving Exhibits Into Evidence/Impeachment

TO: Mock Trial Team

FROM:Mr. Ross

DATE:12/19/16

RE:Intro of Documents/Moving Exhibits into Evidence/Impeachment

I.INTRODUCTION OF DOCUMENTS OR PHYSICAL EVIDENCE DURING WITNESS TESTIMONY

Special procedures must be followed by our team to use Exhibits or witness statements during trial.

Step 1: Attorney asks Judge, “Your Honor, may I show the witness what has been marked as J-1? (Note- all exhibits will be marked for IDENTIFICATION during Pre-Trial Conference.)

Step 2: Attorney shows the item to opposing counsel.

Step 3: The Judge may ask if opposing counsel has any objections, at which time it is opposing counsel’s option to object or not object to this Exhibit being used at trial.

Step 4: Attorney shows the item to the witness and says, “I am showing you what has been marked as J-1 for identification.” Can you please identify this item for the court or “Can you please tell us what this is”…Witness responds.

Step 5: Attorney may now ask the witness questions about the document.

II.MOVING TRIAL EXHIBITS INTO EVIDENCE AT THE END OF YOUR CASE.

At the beginning of the trial (during Pre-Trial Conference) any trial exhibits (documents, pictures, witness statements) you may use should be marked for identification. The exhibit will be given a letter and number designation; J-1=Joint Exhibit 1; P-1=Plaintiff’s Exhibit 1; S-1=State’s Exhibit 1; D-1=Defense Exhibit 1. At the end of your case presentation (after you have called your last witness) your team must move the exhibits used during your presentation into evidence. Witness Statements CAN NOT be moved into evidence, they can only be marked for identification.

Step 1Inform the court that your side has finished presenting its case by saying “the Plaintiff rests” or “the Defense rests”.

Step 2 Inform the Judge that you would like to move the exhibits used during your case presentation into evidence.This is accomplished by the Attorney saying “Your Honor, at this time the Plaintiff/State/Defendant would like to move P-1/S-1/D-1 (list exhibits) into evidence.”

The judge will ask the opposing side if they object; A common objection is that the exhibit was not introduced during witness testimony. The exhibit should not be admitted if it was not identified by a witness and discussed during witness testimony.

Remember, Witness Statements CAN NOT be moved into evidence, they can only be marked for identification.

III.IMPEACHMENT

Impeachment is the act of discrediting a witness as a reliable source of information on cross examination. Successful impeachment renders the witness less worthy of belief, as opposed to merely unobservant, mistaken, or otherwise subject to contradiction.

Contrary to popular belief, the clouds will not part and lightning will not strike when you impeach a witness, nor is the witness likely to give up and admit that you were right all along. The best results of impeachment are felt during closing argument. Closing argument is your opportunity to argue that the jury/judger should disregard the impeached witness’s testimony because she is not believable or credible. The opportunity to impeach a witness arises when the witness testifies in a manner that is inconsistent with the witnesses statement.Attorneys should use the following procedure:

Step 1: Introduce the witness’ statement for identification. (done during Pre-Trial Conference)

Step 2: Repeat the statement the witness made on direct examination that contradicts their preliminary hearingtestimony.

Step 3: Ask the witness to read from their prior testimony the part that contradicts the statement made on direct.

Step 4: Dramatize the conflict in the statements.