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Federal Evidence • Examination of Witness
EVID#009
Legal Definition
If a question calls for a yes or no response, anything beyond yes or no is "non-responsive and subject to a motion to strike.
Plain English Explanation
Sometimes, people in a trial might be asked a question that can be answered with just a "yes" or "no", but they keep talking and say more than that. This is not allowed. They should only say "yes" or "no" and if they don't, the judge can make them stop talking and only say "yes" or "no".
Hypothetical
Hypo 1: Bob is on trial for robbing a store, and the prosecution calls a witness named Sam to testify. The prosecutor asks Sam, "Did you see Bob robbing the store?" Instead of just answering "yes" or "no," Sam starts to tell a story about how he saw Bob wearing a mask and carrying a bag, and then how he ran to call the police. The defense lawyer objects and says "non-responsive" as Sam is giving more than a "yes" or "no" answer. Result: The judge then asks Sam to only answer with "yes" or "no".
