Objections Flashcards
Form
Objections at trial should be made after the question, but before the answer, if the question calls for inadmissible matter.
Leading
A leading question is one that suggests the answer. Leading questions are NOT allowed on DIRECT EXAMINATION, unless the witness is adverse, hostile, or needs special help (minors). Here…
Assumes Facts Not in Evidence
Whenever a question incorporates facts that have not been entered into evidence, the question is impermissible. Here…
Non-responsive
A non-responsive answer does not answer the question asked or gives more information in the answer than what is asked for. Here…
Motion to Strike
Counsel should move to strike everything beyond the “yes” since the remainder of the response is “non-responsive” to the question. Here…
Call for Narrative
A question calls for narrative if it is open-ended and overbroad. This promotes short responses from the witness that do not contain irrelevant and prejudicial information. Here…
Argumentative
A question is argumentative if it tries to make an argument instead of seeking an answer. Here…
Speculation
Speculation occurs when the W is guessing at the answer and has no personal knowledge of the answer. A witness is not allowed to speculate. Here…
Compound
A compound question is one that asks multiple questions, yet request only one response for all the questions. Compound questions are NOT allowed. Here…
Outside the Scope of Direct
Cross-examination is generally limited to: 1) the scope of direct examination, including all reasonable inferences that may be drawn from it, and 2) testing the credibility of the witness. Here…