Objections

Question 1

Form of the Question (17)

Answer 1

Irrelevant
Leading
Argumentative
Vague
Assumes fact(s) not in evidence
Asked and answered
Lack of foundation
Calls for hearsay
Compound
Calls for speculation
Calls for a conclusion
Calls for a narrative
Cumulative
Badgering
Outside the scope of direct/ cross examination
Misstates the evidence
Privileged

Question 2

Form of the Answer (4)

Answer 2

Non-responsive
No personal knowledge
No question pending
Narrative

Question 3

Irrelevant

Answer 3

• Doesn’t apply to the matter at hand, has nothing to do with what we’re talking about.
• They don’t work very often because as long as there is a sliver of relevance, it’ll count.

Question 4

Leading

Answer 4

• When you ask a question that has the answer in the question.
• Typically a yes or no question.
• CANNOT do this on direct CAN do this on cross. (Idea is that it’s a hostile witness, and you have to lead them to get the answer you want.)

Question 5

Argumentative

Answer 5

• Getting up in a witness’s face; being rude

- Be a normal, sober, respectful person - don’t be an ass.

Question 6

Vague

Answer 6

Where you ask a question that can be answered correctly in multiple ways because you haven’t cleaned up the question enough for them to answer it the way you want them to.

Question 7

Assumes fact(s) not in evidence

Answer 7

• You haven’t laid a foundation to ask that question yet.

Question 8

Asked and answered

Answer 8

• Asking a question a second and third and fourth time when it’s already been answered.
• You don’t get to ask the question again if they gave you an answer you don’t like.

Question 9

(Lack of) foundation

Answer 9

• No support that you’re an expert in the field of the question.
• Can’t ask unless you’ve established that the witness knows what they’re talking about.

Question 10

(Calls for) hearsay

Answer 10

• When someone is about to testify with hearsay (out of court statement)
• “He told me…” or “she said….” or “I was told…”

Question 11

Compound

Answer 11

• Where you ask two questions in one.

Question 12

(Calls for) speculation

Answer 12

• Witness can’t know what someone is thinking, what someone’s intent was…
• Trigger for answer: “Well I think..” or “I assume…”

Question 13

Calls for a Legal Conclusion

Answer 13

• When the witnesses use legal conclusions or jargon.

Question 14

(Calls for) Narrative

Answer 14

When the witness could talk until they die in order to answer a question.

• Ex: “Tell us what you did on Saturday, November 5th.”

Question 15

Cumulative

Answer 15

• Kind of like “asked and answered”

- When you keep asking the question

Question 16

Outside the scope of direct/cross

Answer 16

• Not in the scope of what we’re talking about in the cross examination.
• Where you go outside where the direct has taken you.