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CH 13 Objections

This document provides guidance on making objections during a trial. It explains that objections are used to protect the record, preserve errors for appeal, and prevent improper evidence from being heard. The document outlines how to properly time and state objections, including insisting on a ruling from the judge. Common objections are listed for questions, answers, and exhibits. Objections may be made on the basis of relevance, privilege, hearsay, conclusions, or lack of foundation among other reasons. Proper procedure and legal grounds for objections are emphasized.

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Jeannette Dorfman
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232 views

CH 13 Objections

This document provides guidance on making objections during a trial. It explains that objections are used to protect the record, preserve errors for appeal, and prevent improper evidence from being heard. The document outlines how to properly time and state objections, including insisting on a ruling from the judge. Common objections are listed for questions, answers, and exhibits. Objections may be made on the basis of relevance, privilege, hearsay, conclusions, or lack of foundation among other reasons. Proper procedure and legal grounds for objections are emphasized.

Uploaded by

Jeannette Dorfman
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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OBJECTIONS

Why Objecti Protect the record o Preserve any error on appeal Keep the court from hearing improper evidence How to Object Timeliness o If a question is improper, the objection should be made before the answer to the question is given. o If the question itself is prejudicial as well as improper, object right away. o Cant un-ring the bell. Legal Basis o State legal basis The question calls for a hearsay answer The question is unresponsive o Insist on a ruling or the error may be waived on appeal Your honor, may we have a ruling on the objection? o Have the answer struck o If an objection is sustained against you, see how you can overcome Procedure o Stating a specific ground for your objection If you state a ground for an objection but it is not proper, the court can overrule even if there is a proper legal basis for objecting. More than one legal ground may exist

COMMON OBJECTIONS ii
Objections to questions calls for irrelevant answer calls for immaterial answer witness is incompetent violates the best evidence rule calls for a privileged communication calls for a conclusion calls for an opinion (by a lay or an incompetent witness) calls for a narrative answer calls for a hearsay answer leading repetitive (asked and answered) beyond the scope (of the direct, cross or redirect) assumes facts not in evidence confusing/misleading/ambiguous/va gue/unintelligible speculative compound question argumentative improper characterization misstates evidence cumulative improper impeachment

Objections to answers irrelevant immaterial privileged conclusion opinion hearsay narrative improper characterization violates parol evidence rule unresponsive/volunteered

Objections to exhibits irrelevant immaterial no foundation no authentication violates original documents (best evidence) rule contains hearsay/double hearsay prejudice outweighs its probative value

i Thomas A. Mauet, Trial Techniques (Sixth Edition) p.465-470 ii Thomas A. Mauet, Trial Techniques, 6th ed.(New York: Aspen Publishers, 2002) 472.

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