Common Trial Objections John DEsposito Teaching American History

Common Trial Objections John D’Esposito Teaching American History Course 2009 -2010

Common Trial Objections Use immediately after the offending statement or answer

Objection, your Honor, the question is ambiguous! § It may be misunderstood by the witness § It may take on more than 1 meaning § “Was the light red or green when you went though it? ”

Objection…Argumentative! § It is asked for the purpose of persuading the jury or the judge, rather than to elicit information § It calls for an argument in answer to the argument in the question § It calls for no new facts, but asks the witness to concede to inferences drawn by the examiner § “Don’t you agree that most people who tell a story like yours are liars? ”

Objection… Asked and Answered! § The witness has already asked substantially the same question by the same attorney on the same subject matter § “Where were you on June 27 th of this year? § “On June 27 of this year, where were you? ”

Objection… Assumes facts not in evidence! § It presumes unproven facts to be true § “When did you stop beating your wife? ” § This assumes that he is or has been beating his wife

Objection…the question is compound! § It joins two or more questions ordinarily joined with the word “or” or the word “and” § “Is it true that you stole the item and that you work at Burger King?

Objection… question is too broad, too general, or indefinite!! § It allows the witness to respond with testimony which may be irrelevant or admissible. § Each question should limit the witness to a specific answer on a specific question § “How do you feel? ”

Objection… hearsay!! § Question invites the witness to offer an out-of -court statement to prove the truth of some matter in court § “What did Janie tell you at lunch? ” § There are many exceptions to the hearsay rule

Objection…irrelevant! § It invites or causes the witness to give evidence not related to the facts at hand § “Are you a Mets fan or a Yankee fan? ”

Objection…leading!! § It suggests to the witness the answer the examiner wants § This is allowed on cross-examination or with witnesses the judges rules are hostile § “The license plate of the getaway car was 4 Y 618, wasn’t it? ”

Objection…misstates the evidence! § It misstates or misquotes the testimony of a witness or any other evidence produced at a hearing or trial § “In summary, the coroner has told you the victim was not killed by a gun shot. ”

Objection…Speculative! § It causes the witness to speculate or answer on the basis of conjecture § “Why do you think Louise decided to rob the bank that day? ”