Trial Advocacy

Evidence

Even though evidence in the class packets is pre-marked, ignore that. Ask the judge to have the clerk mark it as "Plaintiff's Exhibit 1" or "Defense's Exhibit A".

To admit evidence:

  1. Have it marked for identification.
  2. Ask the witness if they recognize it.
  3. Ask the witness how they recognize it.
  4. Ask the witness what it is.
  5. If it is a diagram, ask the witness if it fairly and accurately represents the thing as it existed on that day.
  6. If it is an original physical object, ask if it is in the same or substantially the same condition as it was on that day.

For class, treat documents as original unless you know that it is a photocopy.