Advocacy Assignment 3: Exhibits 1. Purpose of the Exercise.

To effectively use a witness to lay the foundation for and introduce an exhibit on direct examination. 2. Assignment. Read Rose Chapter 7 on exhibits and Chapter 15 on the use of courtroom technology (both are short chapters). a. Direct Examination Performance. In accordance with the assignment table below, prepare a full direct examination in Kelly Taylor. Your objective is to lay an effective foundation for the exhibit and use the exhibit to help tell your story. Note: when laying the foundation, do not simply assume that the exhibit will be admitted in evidence. You will have opposing counsel who can object to the exhibit. If you lay an improper or inadequate foundation, or fail to respond properly to the objection, your exhibit will not be admitted. b. Witness Duty. In accordance with the assignment below, prepare to play the part of the witness. You should prepare by carefully reading anything in the case file pertaining to that witness and the exhibits. As a witness, you may take one notecard, prepared only by you, on the stand to help you remember facts. c. A/V Equipment. Use the ELMO in the courtroom to publish your exhibits. If you would like the witness to mark on the exhibit, ask the judges permission for the witness to leave the witness stand for that purpose. d. Witnesses and Exhibits. 3. Evaluation Criteria. a. b. Examination briefly tells story without exhibit Attorney uses exhibit to illustrate story and for legitimate repetition

c. Attorney follows proper in-court procedures (mark, show to opposing counsel, show to judge, show to witness) d. Attorney follows proper foundation (diagram depicts area or object, witness is familiar with area or object, witness explains basis for knowledge, witness affirms accuracy of diagram (fair and accurate representation) e. Attorney publishes exhibit f. Attorney makes appropriate record g. Attorney lays appropriate evidentiary foundation and properly responds to objections by opposing counsel.

4. Witness and Attorney Roles. Even-numbered attorneys will prepare a direct examination using Exhibits 2 and 4of Chris Jensen. Odd-numbered attorneys will prepare a direct examinationusing exhibits 3 and 7of Dusty Stockard. Attorneys will play witness roles and/or serve as opposing counsel when not conducting their own investigations. For week one of this exercise, your verbal performance is not graded. Your instructor will decide during class who will be the attorney, witness and opposing counsel for each performance. You should play all three roles at some point during class. Week two of this exercise, your performance will be graded. Your instructor will decide during class who will be the attorney, witness and opposing counsel for each performance. You should play all three roles at some point during class.