10 Grounds For Objection
10 Grounds For Objection
Counsel for the plaintiff asks the witness. "During the conversation,
didn't the defendant declare that he would not deliver the
merchandise?"
"Objection, your honor. Counsel is leading the witness."
On Direct Examination - Counsel A asks B, "Did X stop for the stop sign?
B answers, "No, he did not."
A then asks, "Let me be sure we understand. Did X stop for the stop
sign?
"Objection, your honor. This question has been asked and answered."
3. Best evidence rule: requires that the original source, if available, document
should be entered into evidence. Full original document should be introduced into
evidence instead of a copy, but judges often allow copies if there is no dispute
about authenticity. Some documents are exempt by hearsay rules of evidence.
4. Assumes facts not in evidence: the question assumes something as true for
which no evidence has been shown.
5. Calls for a conclusion: the question asks for an opinion rather than facts.
6. Hearsay: the witness does not know the answer personally but heard it from
another.
Counsel: Mr. X did you saw the victim run during the red light?
Mr X: I heard from Ms. Y that she saw the victim run during the red light.
Objection your honor.
7. Narrative: the question asks the witness to relate a story rather than state
specific facts.
The attorney asks A, "Please tell us all of the conversations you had with
X-before X started the-job."
"Objection, your honor. Counsel's question calls for a narrative response."
8. Irrelevant or immaterial: the question is not about the issues in the trial.
9. Objection to the question for the proper foundation has not been laid
10. Incompetent: the witness is not qualified to answer the question.
Cross Examination
“How can you sit here and lie to the court about your attitude towards
the victim?”
3. Badgering: counsel is antagonizing the witness in order to provoke a response,
either by asking questions without giving the witness an opportunity to answer or
by openly mocking the witness.
4. Beyond the scope: A question asked during cross-examination has to be within
the scope of direct, and so on.
"Did you determine the point of impact from conversations with witnesses
and from physical marks, such as debris in the road?"
"Objection, your honor, counsel is asking a compound question."
Lawyer 1: what color the car was that ran the stop sign?
Witness: testifies “that a woman was driving the car.”
Lawyerl 2 : Objection your Honor.
Re-direct Examination
1. Beyond Scope (of direct, cross) - The evidence being solicited was not covered
by the opposing counsel while questioning the witness and is not relevant to any
of the previous issues covered.
2. Misleading Questions
3. Relevance - The evidence being solicited does not relate to merits of the case or
another admissible purpose such as foundation or permissible character
evidence.
4. Vague: The question is not specific or focused enough
5. Leading question : the question suggests the answer to the witness
6. Irrelevant or immaterial: the question is not about the issues in the trial.
7. The question is simply an attempt to repeat evidence already given in chief
8. The question mis-states the evidence.
9. coaching the witness. The Lawyer attempts to give hints or answers to a
witness on the stand by nodding or shaking head, mouthing words to the witness
on the stand, or prompting in some other fashion.
10. Privilege: the witness may be protected by law from answering the question.
Re-cross Examination
1. The question goes beyond re-direct examination
2. Leading question : the question suggests the answer to the witness
3. Irrelevant or immaterial: the question is not about the issues in the trial.
4. Misleading Questions
5. Lack of foundation: the evidence lacks testimony as to its authenticity or source.
Narrative: the witness is relating a story in response to a question that does not
call for one.
10. Compound Question This objection is made when counsel asks a compound
question. A compound question is a question that actually asks multiple things,
all linked by “and” or “or”.
“Did you determine the time of death by interviewing witnesses and by
requesting the autopsy report written by the medico-legal officer?”
10 examples of leading question
1. “The defendant owned the firearm that is an exhibit in this case, correct?” “Yes.”
2. “And this is the firearm that was used in the murder, correct?” “Yes”.
3. "Was John wearing a white shirt?" "Yes, a white shirt!"
4. "Did you hear the customer threaten to shoot the bartender?" "Yes."
5. “Did you see Michael at 3 p.m.?” would qualify, under most circumstances, as a
leading question; it plants the suggestion of the corresponding time period in the
subject’s mind.
6. Do you remember making an affidavit on November 7, 2015?
7. Is this the affidavit you swore?
8. Did you go to school with the man that murdered Pedro Penduko?
9. “Did Janice strike you in the face, with her fist?” would qualify as a leading
question; there are too many variables in the question for a simple, reliable
answer.
10. "Didn't the defendant appear to you to be speeding?"