Objections Flashcards
Two Reasons for Objections
- To prevent evidence from being introduced.
2. To preserve the issue for appellate review.
Hearsay
An out of court statement offered in court to prove the truth of the matter asserted. “Objection: hearsay.”
Relevance
If the question will not solicit ttestimony that has anything to do with the issues before the court, the proper objection is “objection: relevance.”
Leading
If a leading question is asked on direct, the proper objection is “leading” or “counsel is leading the witness.”
Nonresponsive
If you ask a witness a question and they respond by saying something other than the answer to the question, the proper objection is “objection: nonresponsive.” If the objection is sustained, the judge will instruct the witness to answer the question.
No foundation
If the other side tries to introduce tangible evidence without laying the proper predicate, the objection is “objection: no foundation” or “improper predicate.”
Assumes Facts Not in Evidence
If a question is predictated on facts that have not yet been introduced into evidence, the objection is “assumes facts not in evidence.”
Asked and Answered
If the other side keeps asking the same question over and over, changing the words a little, the objection to get them to stop is “asked and answered.”
Counsel is Testifying
If the other lawyer asks long questions that don’t even sound like a question, the proper objection may be “objection: counsel is testifying.”
Narrative
If the anwer to a question just tends to go on and on and on, without another question being askes, the proper objection is: “objection: narrative.”
Badgering the witness
When you observe it, the proper objection is “objection counsel is badgering the witness.”
Unfair Extrapolation
Mock Trial Only
If other side is unfairly extrapolating material.
