Common Trial Common Trial ObjectionsObjectionsJohn D’EspositoJohn D’Esposito

Teaching American History CourseTeaching American History Course

2009-20102009-2010

Common Trial Common Trial ObjectionsObjectionsUse immediately after the offending Use immediately after the offending statement or answerstatement or answer

Objection, your Honor, Objection, your Honor, the question is the question is ambiguous!ambiguous!

It may be It may be misunderstood by misunderstood by the witnessthe witness

It may take on more It may take on more than 1 meaningthan 1 meaning

““Was the light red or Was the light red or green when you went green when you went though it?”though it?”

Objection…Objection…Argumentative!Argumentative!

It is asked for the purpose of It is asked for the purpose of persuading the jury or the persuading the jury or the judge, rather than to elicit judge, rather than to elicit informationinformation

It calls for an argument in It calls for an argument in answer to the argument in answer to the argument in the questionthe question

It calls for no new facts, but It calls for no new facts, but asks the witness to concede asks the witness to concede to inferences drawn by the to inferences drawn by the examinerexaminer

““Don’t you agree that most Don’t you agree that most people who tell a story like people who tell a story like yours are liars?”yours are liars?”

Objection… Asked and Objection… Asked and Answered!Answered!

The witness has already asked substantially the same The witness has already asked substantially the same question by the same attorney on the same subject question by the same attorney on the same subject mattermatter

““Where were you on June 27Where were you on June 27thth of this year? of this year? ““On June 27 of this year, where were you?”On June 27 of this year, where were you?”

Objection… Assumes Objection… Assumes facts not in evidence!facts not in evidence!

It presumes unproven facts to be trueIt presumes unproven facts to be true ““When did you stop beating your wife?”When did you stop beating your wife?” This assumes that he is or has been beating This assumes that he is or has been beating

his wifehis wife

Objection…the question Objection…the question is compound!is compound!

It joins two or more It joins two or more questions ordinarily questions ordinarily joined with the word joined with the word “or” or the word “and”“or” or the word “and”

““Is it true that you Is it true that you stole the item and stole the item and that you work at that you work at Burger King?Burger King?

Objection… question is too Objection… question is too broad, too general, or broad, too general, or indefinite!!indefinite!!

It allows the witness to It allows the witness to respond with testimony respond with testimony which may be irrelevant which may be irrelevant or admissible.or admissible.

Each question should Each question should limit the witness to a limit the witness to a specific answer on a specific answer on a specific questionspecific question

““How do you feel?”How do you feel?”

Objection… hearsay!!Objection… hearsay!!

Question invites the Question invites the witness to offer an out-witness to offer an out-of-court statement to of-court statement to prove the truth of some prove the truth of some matter in courtmatter in court

““What did Janie tell you What did Janie tell you at lunch?”at lunch?”

There are many There are many exceptions to the exceptions to the hearsay rulehearsay rule

Objection…irrelevant!Objection…irrelevant!

It invites or causes It invites or causes the witness to give the witness to give evidence not related evidence not related to the facts at handto the facts at hand

““Are you a Mets fan Are you a Mets fan or a Yankee fan?”or a Yankee fan?”

Objection…leading!!Objection…leading!!

It suggests to the witness the answer the examiner It suggests to the witness the answer the examiner wantswants

This is allowed on cross-examination or with witnesses This is allowed on cross-examination or with witnesses the judges rules are hostilethe judges rules are hostile

““The license plate of the getaway car was 4Y618, The license plate of the getaway car was 4Y618, wasn’t it?”wasn’t it?”

Objection…misstates the Objection…misstates the evidence!evidence!

It misstates or It misstates or misquotes the misquotes the testimony of a testimony of a witness or any other witness or any other evidence produced evidence produced at a hearing or trialat a hearing or trial

““In summary, the In summary, the coroner has told you coroner has told you the victim was not the victim was not killed by a gun shot.”killed by a gun shot.”

Objection…Speculative!Objection…Speculative!

It causes the witness It causes the witness to speculate or to speculate or answer on the basis answer on the basis of conjectureof conjecture

““Why do you think Why do you think Louise decided to Louise decided to rob the bank that rob the bank that day?”day?”