Whether in a real life trial, or a mock trial, witnesses tend to forget some of the facts of a case. There is a specific way to handle such circumstances. Below is a basic outline that lawyers follow in court. In a mock trial, it is important to stay in character.
REFRESHING A WITNESS’S RECOLLECTION ON DIRECT
Q: What was the weather like that day?
A: Dark and cloudy?
Q: Are you sure?
A: Uhm, uhm, no I guess not. (laughter)
Q: Did you provide a written statement in this case?
A: Yes, I did.
Q: Do you believe that it may refresh your recollection to look at it?
A: Yes, I guess so…
Q: Can I approach the witness? (Directed to the judge)
Judge: Yes
Q: Do you recognize this statement?
A: Yes.
Q: Go ahead and read to yourself this part right here. (Must not read it aloud).
Q: Now that you have read that, does that refresh your recollection?
A: Yes
Q: So let me ask you again, what was the weather like that day?
A: It was warm and very sunny out.
Q: Thank you
REFRESHING A WITNESS’S RECOLLECTION ON CROSS EXAMINATION
Q: You testified a few minutes ago that it was dark and cloudy on the day in question, didn’t you?
A: Yes.
Q: But in your witness statement, you said it was warm and sunny, didn’t you?
A: No, I don’t think so.
Q: Your honor, can I approach the witness?
Q: Read this part to yourself.
Q: Have you had a chance to read it?
Q: I’ll ask you again, in your statement you said it was warm and sunny didn’t you?
A: Yes, I guess I did.
This is not the way to properly impeach a witness per the Gene Franchini High School Mock Trial Rules and Forms
This post isn’t so much about impeaching a witness as it is refreshing a witnesses recollection, which is something different. But your point is a good one, Emily. Different schools, teachers and coaches and competitions each have their own rules and way of addressing these issues.
Wouldnt this be hearsay though as the witness statement is still an out-of-court statement?
Witness statements are typically stipulated.
I still don’t get it
Hello mate greatt blog