I. Read through this material
An attorney goes through eight steps in introducing physical evidence in a trial:
Before the trial:
- Mark the evidence before the trial. Prosecution/Plaintiff marks Exhibits P-A, P-B, P-C. . . .
- Defense marks Exhibits D-A, D-B, D-C. . . .
- Give opposing counsel a copy of all premarked exhibits before the trial begins.
- We also provide copies for the judges -- placed on the bench before the trial
During the trial:
- Ask permission to approach the judge to show him the premarked evidence (or permission for the bailiff to do so.)
- Show the evidence to the opposing attorney. (The opposing attorney may at this point make an objection to the offering.)
- Ask permission to approach the witness. (or to have the bailiff do so)
- Show the evidence to the witness and ask the witness if he or she can identify it.
- Lay foundation by asking the witness a series of questions about the exhibit in preparation for asking the crucial question.
- Ask the crucial question.
- Request admission of the exhibit.
- (Opposing counsel may then object.) Be prepared to explain why the evidence should be accepted.
Example:
1. Identify exhibit:
"Your Honors, I would like to refer to this hair which has been marked as Defense's Exhibit A."
2. Show Opposing Counsel
3. Ask permission to approach the witness.
4. Show witness:
"Baby Bear, do you recognize this hair which is marked as Defense's Exhibit A?"
5. Lay Foundation:
"You found this hair on your pillow?
This is the same hair your found on your fillow?
Was this hair on your pillow when you left the house to go for a walk?
What color is this hair? (This exhibit is black.)
What color is Goldilock's hair?
Would you say this hair is straight or curly? (This exhibit is straight.)
Would you say that Goldilock's hair is straight or curly?
Is this hair long or short? (This exhibit is short.)
Would you say that Goldilocks hair is long or short?
6. Ask the crucial question:
"This hair does not match the hair on Goldilocks' head, does it?"
7. Request admission of the exhibit:
"Your Honor, I offer this hair for admission into evidence as Defense's Exhibit A and ask the court to so admit it."
Some objects that might be made by opposing counsel include
lack of foundation (so make sure you ask questions that lay a proper foundation)
relevance
lack of personal knowledge
II. Read the Physical Evidence Hypotheticals and respond to them.
This is the link to the Hypotheticals:
