objections Flashcards
Leading - FRE 611 ©
Objection: Leading. Counsel is instructing the witness
on what to say, I ask that the witness be able to testify
foundational issues in a quick manner
This question is only to establish
Don’t object during cross ex – Think of Time economy
Speculation
”Objection: the witness is speculating.”
Ill instruct the witness to only speak to
what she personally saw or exp
Ob to Question
Calls for Speculation
”Objection: Calls for speculation. This question
requires the witness to guess the answer.”
if witness doesn’t know the answer, can simply testify to not knowing
Guessing and speculating rarely have any probative
value in the courtroom and thereby fail FRE 403.
Hearsay
Objection: Hearsay. The witness is quoting someone that I can’t cross examine to ensure the statement’s accuracy.
this statement is an exception to hearsay
because [insert exception].
To Substance
Asked and Answered
”Objection: Asked and Answered.”
the witness is dodging the question by
failing to provide a clear answer
Relevance
I am sorry Your Honor, I have to object to the relevance, I was giving opposing counsel some leeway by asking questions about xyz - unfortunately I feel like we’re getting hung up on this issue. I ask that we move on for the sake of judicial economy.
“Your Honor, this evidence is probative because it shows -
”Objection: this evidence is irrelevant and has no
probative value.”
Argumentative
”Objection: Argumentative. Counsel is arguing and not asking for facts.
Mostly used during cross on our client/witness
“Your Honor, this is a question that the jury is going to
want answered. I’m only trying to help the jury get
that answer.”
Non Responsive
Objection: The witness is being Non Responsive, Your Honor, I ask that you instruct the witness to answer the question.
Used in Cross - directly to witness
Not a lot of leeway - we have advantage over witness, use judgement (do I need to ask better questions, or are they dodging?)
Compound
”Objection: Compound Question. There are multiple questions being asked at the same time. I just ask that counsel break them up.”
“Your Honor, I can ask the question in multiple parts.”
You should always object if there are two or more
questions being asked at the same time.
Narrative
Your Honor, I hate to do this, but I’m going to have to object to narrative. The witness is no longer answering the question that was asked, so I ask that opposing counsel be allowed to follow up with another question.(appealing to judicial economy)
Use this sparingly - could come off as a jerk
Calls for Narrative
”Objection: The question calls for narrative.”
if question is too broad o the test will be a waste of the court time
“Your Honor, my question is simply asking for a short
response. And if that wasn’t clear to the witness
whenever I asked it, it should be clear now.”
Misstates Evidence
”Objection: Counsel is misstating the evidence.”
For the judge to determine the merits of the evidence during trial
“Your Honor, I am not misstating the evidence. And the jury has heard the evidence and can determine exactly that.”
Misquotes Witness
”Objection: Counsel is misquoting the witness.”
In’t quot the wit verbatim and never claimed to do so I was simply refer
“Your Honor, I am not misquoting the witness. And the jury has heard the testimony and can determine exactly that.”
Ambiguous Question
”Objection: the question is ambiguous. I’m not sure what is being asked and I want to make sure that the witness isn’t also confused by what is being asked.”
“Your Honor, I can rephrase my question.”
When using this objection, don’t try to be overly critical of opposing counsel.
Assumes Facts Not in Evidence
”Objection: this question assumes facts that are not in evidence. This question requires more foundation to be laid first.”
Evidence comes from the witness and not the lawyer.
“Your Honor, those facts will be brought up later with other witnesses. But, this witness was called before them so it will save this Court’s time for me to ask this question now.”
