Objections are the Way to Control the Trial
Objections can be used by both sides during the direct and cross examinations of each witness. Various objections deal with different aspects of either questions or answers. Though their primary purpose is to make sure neither side can ask questions that don't conform to the rules, certain objections can be used to stop information from being allowed, hearsay is a popular one.
When faced with objections like this, it is important to argue the objections. When an objection is announced, the objector and objected each have a chance to argue the objection for the judge, before the judge sustains (allows) or overrules (disallows) the objection. Having knowledge of what each objections refers to, and the extent to which it covers the matter at hand, it important to make sure you can get the evidence that you need in.
Certain evidence is only able to be brought up if you are able to argue an objection well enough, due to the nature of objections. Certain exhibits are inherently hearsay, but can be allowed in if the correct exceptions are used; there are exceptions to every objection, use them to your advantage.
Likewise, it is important to object as much as possible when the opposing side is questioning, as even if you don't win the objection it will throw off their line of questioning. When your witness is being cross-examined, you should object as much as possible to make sure that they cannot be exploited by the cross-examiner.
When faced with objections like this, it is important to argue the objections. When an objection is announced, the objector and objected each have a chance to argue the objection for the judge, before the judge sustains (allows) or overrules (disallows) the objection. Having knowledge of what each objections refers to, and the extent to which it covers the matter at hand, it important to make sure you can get the evidence that you need in.
Certain evidence is only able to be brought up if you are able to argue an objection well enough, due to the nature of objections. Certain exhibits are inherently hearsay, but can be allowed in if the correct exceptions are used; there are exceptions to every objection, use them to your advantage.
Likewise, it is important to object as much as possible when the opposing side is questioning, as even if you don't win the objection it will throw off their line of questioning. When your witness is being cross-examined, you should object as much as possible to make sure that they cannot be exploited by the cross-examiner.
Objections |
Definition |
Relevance |
A question or answer that is irrelevant to the matter asserted |
Non-Responsive Witness |
A witness's response fails to answer to question asked |
Lack of Proper Foundation/Predicate |
Before a witness can testify to anything important, it must be shown that the testimony rests on adequate foundation |
Lack of Qualification as Expert |
When scientific, technical, or other specialized knowledge is needed to answer the question asked, a witness must be first qualified as an expert |
Lack of Personal Knowaledge |
A question asking a witness to testify to information they would have no knowledge of |
Hearsay |
An out of court statement being used to prove the truth of the matter asserted |
Narrative |
A question calling for an open ended answer, or when the witness speaks for a long time between questions, on direct |
Leading Question |
A question, on direct, that implies the answer |
Repetition/Asked and Answered |
A question on either direct/re-direct or cross/re-cross that is the same as one previously asked |
Beyond the Scope |
A question on re-direct or re-cross that brings up information not brought up during direct or cross |
Speculation |
A question calling for the witness to make suppositions on hypothetical situations |
Unfair Extrapolation |
Any supposition that is non-neutral |
Assuming Facts Not in Evidence |
A question that assumes unproved facts |
Argumentative Question |
A question that asks the witness to agree to a conclusion drawn by the questioner without eliciting testimony as to new facts |
Badgering the Witness |
When an attorney continually harasses or annoys a witness |
Character Evidence |
A witness's past criminal acts cannot be used as reason that they could commit similar acts in the future |
Opinion on the Ultimate Issue |
A question calling for an expert witness to testify to their opinion on the ultimate issue at hand |