ObjectionsMost people have probably heard of "Objection, leading the witness!" and "Objection, Your Honor, hearsay!" However, what the heck does it mean, and when can I use it in court? There are two kinds of objections: objections to questions and objections to testimony, seven of the former and fourteen of the latter.
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Objections to Questions
As previously stated, there are seven commonly used objections to questions. Here we go.
Leading Question
Made when counsel asks a leading question during direct examination, this objection demonstrates that counsel has asked a question which implies an answer. For example, "You were at the garage sale at one o'clock that morning, correct?" It's allowed during cross-examination, but not direct.
Compound Question
This one is when a question is asked that is actually multiple questions, all linked by "and" or "or". For example, " "Did you interview witnesses and collected evidence at the crime scene?"
Question Calls for Narrative/Narrative Answer
This objection is made when a witness begins telling a story about what happened, or when an attorney asks a question that leads a witness to tell a narrative. It exists to prevent long-winded witness answers to expedite the case as much as possible. As a witness, you can testify, but only in response to a question. For example, "I left the house at about 11 o'clock. I went to work as normal, but along the way on I-25 I saw...".
Argumentative Question
An argumentative question is designed to provoke the witness into a spontaneous utterance. This means that it tries to make the witness mad, usually to prove how unstable they are and not of sound mind by visually presenting the witness as emotionally attached to the case and therefore not truthful. For example, " How can you sit here and lie to the court?"
Asked and Answered Question
This objection is made when counsel asks a question, gets an answer, and tries to restate the answer again. Counsel can ask a question multiple times if the witness does not give a full answer, or is being uncooperative. Once a question is asked and answered, a new question MUST be asked. For example, "Did you run the stop sign on Main and 4th Street?" "Yes" "So to be clear, you ran the stop sign?"
Vague and Ambiguous Question/Answer
This objection is made when the question asked or answer given is vague/ambiguous. This is used to help the witness answer a confusing question or to help an attorney get a more precise response. For example, "When did you see it happen?"
Non-Responsive Answer
This objection is made when the witness gives an answer completely unrelated to the question. It allows the attorney to corral the witness into answering questions that they may be avoiding. For example, "Were you there when the llama was kidnapped?" "I had nothing to do with that!"
Leading Question
Made when counsel asks a leading question during direct examination, this objection demonstrates that counsel has asked a question which implies an answer. For example, "You were at the garage sale at one o'clock that morning, correct?" It's allowed during cross-examination, but not direct.
Compound Question
This one is when a question is asked that is actually multiple questions, all linked by "and" or "or". For example, " "Did you interview witnesses and collected evidence at the crime scene?"
Question Calls for Narrative/Narrative Answer
This objection is made when a witness begins telling a story about what happened, or when an attorney asks a question that leads a witness to tell a narrative. It exists to prevent long-winded witness answers to expedite the case as much as possible. As a witness, you can testify, but only in response to a question. For example, "I left the house at about 11 o'clock. I went to work as normal, but along the way on I-25 I saw...".
Argumentative Question
An argumentative question is designed to provoke the witness into a spontaneous utterance. This means that it tries to make the witness mad, usually to prove how unstable they are and not of sound mind by visually presenting the witness as emotionally attached to the case and therefore not truthful. For example, " How can you sit here and lie to the court?"
Asked and Answered Question
This objection is made when counsel asks a question, gets an answer, and tries to restate the answer again. Counsel can ask a question multiple times if the witness does not give a full answer, or is being uncooperative. Once a question is asked and answered, a new question MUST be asked. For example, "Did you run the stop sign on Main and 4th Street?" "Yes" "So to be clear, you ran the stop sign?"
Vague and Ambiguous Question/Answer
This objection is made when the question asked or answer given is vague/ambiguous. This is used to help the witness answer a confusing question or to help an attorney get a more precise response. For example, "When did you see it happen?"
Non-Responsive Answer
This objection is made when the witness gives an answer completely unrelated to the question. It allows the attorney to corral the witness into answering questions that they may be avoiding. For example, "Were you there when the llama was kidnapped?" "I had nothing to do with that!"
Objections to Testimony
These are the other fourteen objections previously talked about. Hang on, we're almost there.
Relevance of Answer/Question
Obviously, this objection is made when an attorney believes irrelevant evidence is being brought up. Its purpose is to preserve valuable court time, and to avoid evidence that may reflect negatively on both sides. For example, "Was the llama's favorite color beige?"
Question Lacks Foundation
This would be made in the beginning of examination, when attorneys are trying to save time by asking a question that had no preceding related questions. In layman's terms, it "came out of the blue". For example "Did you see the llama in question at the park?"
Lacks Personal Knowledge/Speculation
This objection is made when an attorney asks a witness about something they have no knowledge of, or when a witness begins to testify about something they have not directly seen (that's what speculation is). Witnesses are only allowed to testify about something that they have directly seen or about their thoughts when they are specifically asked a question about their thoughts. Just to make it clear, speculation and testifying about thoughts are two completely different things. For example, (The witness heard a cry, ran to the sound, and saw the llama dead and the defendant with a knife.) "I believe the defendant stabbed the llama." (Speculation)
Creation of a Material Fact
This objection is used when the witness makes an major error in their story. If they say one thing and then say another, (providing that it is a big misstep), an attorney can use this to make the witness seem less credible. This objection should only be used as a last resort. For example, "The llama was yellow","But in your witness statement, didn't you say the llama was beige?"
Improper Character Evidence
Improper character evidence is when general personality traits are used as concrete evidence that someone did something. This is a useful objection, however there are three exceptions. Number one: if character evidence is offered by the defense to prove the defendant's innocence, it is admissible. Number two: if character evidence proves the victim's innocence and is put up by the defense, it is admissible. Number three: if the evidence shows a tendency to lie or shows dishonesty and is presented by any witness, it is admissible. However, the opposing side may present positive character evidence to prove wrong the damaging "evidence". For example, "The llama was always spitting at me, and even more so on the day of the kidnapping."
Lay Witness Opinion
This objection is made when the witness is not an expert and gives their opinion anyway. For example, the witness is not a doctor or a psychologist and says "I believe the llama had cranial dysfunction."
Hearsay
This one's a really long one, so hang in there. Hearsay is when a witness uses a statement that has not been put under oath or that cannot be cross-examined to prove a point. The main thing about this is that the statement used has most likely not been uttered in the courtroom, and therefore is like the witness calling a witness. There are a bunch of exceptions, and we'll look at those right now. Hearsay is allowed if the statement used by the witness is against any civil, legal, or general interest of the declarant. This is called declaration of interest. It is also allowed when an event has occurred that has still influenced the defendant, provoking a spontaneous utterance, which is also what this allowance is called. State of mind allows hearsay if it reveals the declarant's physical, emotional, or mental state at the time of the declaration. Records made in the regular course of business allows hearsay if it was in normal business or governmental procedures. Prior inconsistent statement makes it allowable if the statement is inconsistent with the trial testimony given by the declarant. Hearsay also is allowed if it provides evidence of a person's reputation in the community, if it was a dying declaration (made by a dying person about the circumstances of their death), or if the statement in question was offered by a person and is now being used against them (admission by party opponent).
Relevance of Answer/Question
Obviously, this objection is made when an attorney believes irrelevant evidence is being brought up. Its purpose is to preserve valuable court time, and to avoid evidence that may reflect negatively on both sides. For example, "Was the llama's favorite color beige?"
Question Lacks Foundation
This would be made in the beginning of examination, when attorneys are trying to save time by asking a question that had no preceding related questions. In layman's terms, it "came out of the blue". For example "Did you see the llama in question at the park?"
Lacks Personal Knowledge/Speculation
This objection is made when an attorney asks a witness about something they have no knowledge of, or when a witness begins to testify about something they have not directly seen (that's what speculation is). Witnesses are only allowed to testify about something that they have directly seen or about their thoughts when they are specifically asked a question about their thoughts. Just to make it clear, speculation and testifying about thoughts are two completely different things. For example, (The witness heard a cry, ran to the sound, and saw the llama dead and the defendant with a knife.) "I believe the defendant stabbed the llama." (Speculation)
Creation of a Material Fact
This objection is used when the witness makes an major error in their story. If they say one thing and then say another, (providing that it is a big misstep), an attorney can use this to make the witness seem less credible. This objection should only be used as a last resort. For example, "The llama was yellow","But in your witness statement, didn't you say the llama was beige?"
Improper Character Evidence
Improper character evidence is when general personality traits are used as concrete evidence that someone did something. This is a useful objection, however there are three exceptions. Number one: if character evidence is offered by the defense to prove the defendant's innocence, it is admissible. Number two: if character evidence proves the victim's innocence and is put up by the defense, it is admissible. Number three: if the evidence shows a tendency to lie or shows dishonesty and is presented by any witness, it is admissible. However, the opposing side may present positive character evidence to prove wrong the damaging "evidence". For example, "The llama was always spitting at me, and even more so on the day of the kidnapping."
Lay Witness Opinion
This objection is made when the witness is not an expert and gives their opinion anyway. For example, the witness is not a doctor or a psychologist and says "I believe the llama had cranial dysfunction."
Hearsay
This one's a really long one, so hang in there. Hearsay is when a witness uses a statement that has not been put under oath or that cannot be cross-examined to prove a point. The main thing about this is that the statement used has most likely not been uttered in the courtroom, and therefore is like the witness calling a witness. There are a bunch of exceptions, and we'll look at those right now. Hearsay is allowed if the statement used by the witness is against any civil, legal, or general interest of the declarant. This is called declaration of interest. It is also allowed when an event has occurred that has still influenced the defendant, provoking a spontaneous utterance, which is also what this allowance is called. State of mind allows hearsay if it reveals the declarant's physical, emotional, or mental state at the time of the declaration. Records made in the regular course of business allows hearsay if it was in normal business or governmental procedures. Prior inconsistent statement makes it allowable if the statement is inconsistent with the trial testimony given by the declarant. Hearsay also is allowed if it provides evidence of a person's reputation in the community, if it was a dying declaration (made by a dying person about the circumstances of their death), or if the statement in question was offered by a person and is now being used against them (admission by party opponent).