Notes from practice · D.C. Superior Court
The difference between a leading and non-leading question
“What is your name?” That is a non-leading question. Compare that with “Your name is John Smith, isn’t it?” That would be leading. It basically tells...
Can a witness’s own statement be hearsay?
Yes. If a witness testifying at trial made a prior statement that a party would like to introduce and that statement was intended as an...
Can hearsay be used to impeach?
Whether or not an out-of-court statement is hearsay depends on the purpose for which it is offered. If it is offered to prove the truth...
Are depositions hearsay?
A deposition is a witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for discovery purposes or for later use in...
Is a receipt hearsay?
Whether a receipt constitutes hearsay would depend on the purpose for which it is being offered. If it is being used to prove the value...
Can Silence Be Hearsay?
There might circumstances in which a person’s silence could be interpreted to communicate something. For example, silence in response to the traditional challenge “speak now...
Can a Photograph be Hearsay?
Conceivably, yes. Hearsay is as an out-of-court assertion that is offered to prove the truth of the matter asserted. If the evidence in question satisfies all...
“Past Recollection Recorded” versus “Refreshing Recollection”
“Past recollection recorded” is frequently confused with the “refreshing the recollection” of a witness. The former is an exception to the hearsay rule. The latter...
Laying the Foundation for an “Excited Utterance”
Q. Officer. When you arrived, the altercation was still on-going, right? A. That’s right. Q. So you have no idea how it started? A. No,...
Impeachment on Personnel Records
Q: If you lost your body worn camera, you could get written up for that, right? A: Yeah, if you lost it, yes. But in...
Imperfect Impeachment and Kamala Harris
It is my Kamala Harris moment. You recall her questioning of Brett Kavanaugh at his confirmation hearing. She sets him up carefully: Q: Judge, have...
The Rule on Witnesses at a D.C. DMV Hearing
DEFENSE: Before I begin my argument, I’d like to invoke the rule on witnesses. HEARING EXAMINER: The what? The rule on witnesses? DEFENSE: Yes, sir. The...
An Ethical Prosecutor Confronts Her Own Witness
BY DEFENSE COUNSEL ON CROSS Q: Ms. Smith, do you have an email account? A: Do I have an e-mail account? Q: Yes. A: I...
Body Worn Cameras in D.C.: Watching Events Through the Eyes of Police
On the morning of trial, I stick my head into the small room outside the courtroom where the police officers are assembled. I have spent...
The Pros and Cons of Introducing Character Evidence in D.C.
When I started my practice in 2009, I asked an old-timer – somebody who had been practicing in D.C. for over 25 years – how...