Objections Cheatsheet

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Checklist

☐ General Irrelevance (see Relevance) ☐ Eliciting evidence supporting a Motion not before the Court ☐ Contradicting Collateral Facts (see Collateral Fact Rule) ☐ No foundation/Assumes facts not proven ☐ Improperly Phrased Questions ☐ Compound Question ☐ Vague/Misleading question ☐ Misquoting prior evidence/statement ☐ Uncivil Questions ☐ Asked and answered ☐ Badgering, harassing witness ☐ arguing with witness ☐ Monologuing/Editorizating ☐ Eliciting evidence unconnected to incident at issue ☐ a prior consistent statement as "oath helping" (see Prior Consistent Statements) ☐ Character of accused not admissible unless accused put his character in issue (see Character of Accused) ☐ Character of victim presumed not relevant unless "probative value outweighs its prejudicial effect" (see Character of Non-Accused Persons) ☐ Evidence that generally is prohibited by Rules of Evidence ☐ Hearsay ☐ Asking witness for expert opinion (see Expert Evidence) ☐ Eliciting Privileged information (see Solicitor-Client Privilege; Informer Privilege; Litigation Privilege) ☐ Leading Question (on examination-in-chief only)

Defence evidence ☐ Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn) Prior Sexual History ☐ Sexual contact with anyone, except contact at issue in trial Sexual Assault Myths Failure of the complainant to "fight back" Failure of the complainant to "scream" or "call for help" Failure of the complainant to report the assault in a timely manner