PRACTICE COURT GUIDE

INTRODUCE YOURSELF- FOR PROSECUTION

YOUR HONOR
OFFER THE WINESS- THE WITNESS IS CALLE
DTO THE WITNESS STAND
STATE THE PURPOSE OF THE OFFER, THE
PURPOSE FOR WHICH THE EVIDENCE IS
PRESENTED, FOR WHICH THE WITNESS IS
GOING TO TESTIFY

CARDINAL RULES ON DIRECT EXAMINATION

MAKE YOUR QUESTIONS BRIEF AND SIMPLE
WHEN IT COMES TO IDENTIFYING
DOCUMENTS DO IT IN THE MOST NATURAL
WAY
TRY TO PRESENT THEM JUST AS PART OF
THE STORY SO THAT WITNESS WILL NOT
FEEL THAT HE IS IN THE LAND OF
TECHNICALITIES
HAVE THE COURAGE
AS COUNSEL FOR THE PROSECUTION,
REMEMBER THE OBJECTIONS THAT MAY BE
THROWN TO YOU BY THE ADVERSE
COUNSEL
OBJECTIONS ON DIRECT
1. MUST NOT BE LEADING
2. MUST NO BE MISLEADING
3. MUST NOT CALL FOR CONCLUSION EXCEPT WHEN
THE WITNESS IS AN EXPERT WITNESS
4. MUST NOT BE INCOMPETENT
5. MUST NOT BE IRRELEVANT
6. MUST NOT IMMATERIAL
7. MUST NOT ARGUMENTATIVE
8. MUST NOT CALL FOR HEARSAY EVIDENCE EXCEPT
DYING DECLARATION OR PART OF RES GEASTAE
9. MUST NOT CALL FOR SELF- INCRIMINATING
TESTIMONY
10. MUST NOT BE VAGUE OR UNCERTAIN
11. MUST NOT ASSUME FACT NOT PROVED
12. MUST NOT BE IMPROPER AS WHEN YOU ASK A
QUESTION ON REDIRECT WHICH HAD ALREADY BEEN
ASKED ON DIRECT EXAMINATION
13. MUST BE RESPONSIVE TO THE QUESTION
ASKED; IF NOT, THEN A MOTION TO STRIKE THE
WITNESS ANSWER FROM THE RECORD
14. MUST NOT CALL FOR AN ILLEGAL ANSWER
15. MUST NOT BE REPITITIOUS- ASKED AND
ANSWERED
16. MUST HAVE A BASIS OF FOUNDATION EXCEPT ON
PRELIMINARY MATTERS THAT THE QUESTION CALLS
FOR A PRIVATIZED COMMUNICATION
17. MUST NOT VIOLATE THE BEST EVIDENCE RULE
18. MUST NOT VIOLATE THE PAROLE EVIDENCE
RULE
19. THAT EXTRA- JUDICIAL CONFESSION MUST
CONFORM TO THE REQUIREMENTS LAID DOWNN IN
THE PP. VS. GALIT
 20. THAT THE QUESTION RELATES TO BAD MORAL
CHARACTER OF THE ACCUSED, EXCEPT ON
REBUTTAL
21. THAT THE QUESTION CALLS FOR AN ANSWER
THAT VIOLATES THE STATUTE OF FRAUDS
22. THAT THE QUESTION IS HARASSING THE
WITNESS
23. QUESTION TENDS TO SUBJECT THE WITNESS TO
INDIGNITY OR IS UNFAIR TO THE WITNESS WHO IS A
WOMAN AND THE QUESTION CONCERNS HER
MORALITY AND REPUTATION
24. THAT THE QUESTION IS INSULTING
25. THAT THE QUESTION HAS BEEN ANSWERED
OBJECTIONS ON CROSS- EXAMINATION
1. That it is argumentative
2. That it has already been answered
3. That it calls for conclusion
4. That the question is insulting
5. Tends to subject the witness to indignity or is unfair to the
witness who is a woman and the question concerns her
morality and reputation
6. That the question is harassing the witness
7. That the question is misleading
8. That it calls for hearsay evidence
9. That it is immaterial, irrelevant, or calls for incompetent
answer
10. Vague
11. Calls for illegal answer
12. That it is self-incriminating, except that,
a. This privilege applies only to natural person, not to a
corporation; privilege extends chiefly to the extraction of
 testimonial responses, and the artificial of juridical person
is of course incapable of being questioned;
b. The privilege applies only to a penal act of the witness
himself, not a third person otherwise no criminal trial
could proceed. Besides, the third person could be
amply protected if he should be called to testify as a
witness
c. It applies only to a fact penalized by law of the forum,
and not by the law of a foreign state.
d. The privilege applies not merely when the facts is in
itself a penal act, but also when the fact would tend to
incriminate the witness.
e.

METHOD OF PUTTING QUESTIONS ACROSS THE

WITNESS
1.LAYING THE PREDICATE ORDINARY
CONVERSATION
(WHO,WHAT,WHEN,WHERE,HOW)
Objections and ruling
a.Formal objections are based on the defective
form of the question asked
Example
Leading questions, which suggest the witness
the answered desired.
If a counsel finds difficulty in avoiding leading
questions the judge may suggest to expedite
proceedings that counsel begin his question
with the proper interrogative
Misleading questions which assume as true as
fact not testified to by the witness ( question
has no basis), or contrary to what he has
previously stated.
Double or multiple questions, which are to or
more queries in one
Ex: Did you see the defendant enter the
plaintiffs house, and was the plaintiff there?
Argumentative- challenge a witness testimony
by engaginf him in an argument
Ex. Is it not a fact Mr. witness that nobody coull
possibly see the circumstances you mentioned in
span of two seconds, or that youre observation is
inaacurate and that you are lying
EXPERT WITNESSES
1.ELEMENTS OF PROOF
A. POSSESSION OF REQUIRED LICENSE
B. COLLEGE DEGREES HELD; DATES
C.SPECIALIZED STUDIES OR TRAININNG DURING
COLLEGE AND AFTERWARDS
D. LENGTH OF PRACTICE
E.KIND AND TYPE OF PRACTICE AND
EXPERIENCE IN FIELD OF SUBJECT MATTER OF
TESTIMONY
F. MEMBERSHIP IN PROFESSIONAL
ORGANIZATION
G. WHETHER WITNESS HAS WRITTEN BOOKS
OR ARTICLES ON FIELD OF SPECIALIZATION
H. WHETHER WITNESS TEACHES OR HAS
TAUGHT SPECIALY
I. KNOWLEDGE OF LITERATURE IN SPECIALTY
J. KNOWLEDGE OF FACTS OF CASE
K. OPNION
L. REASONS FOR OPINION
M. AIDS TO ARRIVE AT EXPLAIN OPINION