You can't ask questions in a way that tells the witness what you want them to say. This is called “examination-in-chief” or “ direct examination”. You must ask each witness questions to get answers that support your case. All witnesses must swear, affirm, or promise to tell the truth. You decide the order in which your witnesses speak. This is because the LTB doesn't allow witnesses to hear what is happening in the case before they speak. If your hearing is remote, the witness should also not be in the virtual hearing room until it is their turn to give evidence. ![]() If you have a witness who is not listed as a party on your application, they must be in a separate room from you until you ask them to speak. You can bring witnesses to help support your case. Anything you sent the LTB but forget to show the member at the hearing won't be used as evidence. It's not enough to have sent them a document beforehand. You must show the LTB member each document at your hearing. The LTB member can then use it to help them make their decision. If the LTB accepts it as evidence, it's called an “exhibit” and it becomes part of the official record of the hearing. This can be you, your landlord, or another witness. Exhibitsīefore a document, photo, or recording can be used as evidence at a hearing, someone must tell the LTB member who made it and what it is. Documents can include receipts, inspection reports, or emails between you and your landlord. It also includes any documents, photos or recordings that help you prove your case. Your evidence includes what your witnesses say, including yourself. Use of this website is subject to Terms and Conditions and Privacy Policy.After your opening statement, the Landlord and Tenant Board (LTB) member should ask you to present your evidence. Programming, HTML, indexing and presentation is copyright (C) 1995-2013 Hypertext Index Tracking Systems, LLC * All Rights Reserved. ![]() No-one associated with this website is an attorney and no attorney is entering into any kind of attorney-client relationship with you.Īlthough the publishers of this website update this information regularly the information published here may not be complete or accurate.Ĭontent of the County Judges Benchbook is copyright (c) 2013 Texas Association of Counties - All Rights Reserverd.Īll other intellectual property including but not limited to As with any research tool, should be double checked against relevant statutes,Ĭase law, attorney general opinions and advice of legal counsel e.g., your county attorney.Įach public officer is responsible for determining duties of the office or position held.Īny question regarding your duties should be directed to competent legal counsel for a written opinion. It is provided without warranty of any kind. THIS WEBSITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. (512) PROVIDED ON THIS WEBSITE IS A RESEARCH TOOL AND NOT THE COUNSEL OF AN ATTORNEY. If you have any questions please contact TAC for assistance. ![]() The County Judges Benchbook is provided here as an informational research tool only and is NOT a substitute for legal counsel. The goal of the Texas Association of Counties County Judges Education Advisory Committee is to develop a progressive judicial education curriculum for constitutional county judges and court personnel designed for the unique needs of new judges, experienced judges, court personnel and county judges with limited judicial responsibilities. The Texas Association of Counties County Judges Education Advisory Committee has provided basic support services for producing judicial education programs for constitutional county judges and court personnel since 1984. Objecting to Leading Questions (87) Previous Leading questions are allowed on cross-examination because, without leading questions, a party may not be able to get any information from a witness who is unfriendly to that party. Leading questions are also ordinarily allowed on cross-examination, that is, when one party is questioning the other party's witness. The court may also allow a party to use leading questions when questioning a hostile witness, that is, a witness who is not necessarily friendly to the questioner, but who has been called by the party to help establish some element of the case. Specific provisions of this law include: making sure questions are stated in language appropriate for the age of the child allowing a support person (or support animal) to be present with the child and limiting the duration and timing of the child's testimony. requires judges in criminal prosecutions to minimize the possibility of traumatizing a child witness. "What was the weather on the night of January 25?" is not a leading question. For example, "Was it cold and snowy on the night of January 25?" is a leading question. Definition (80)Ī leading question is a question that suggests the answer.
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