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Common Trial Objections

This document lists common objections made during trials. It provides explanations and examples of objections such as: questions being ambiguous, argumentative, asked and answered, assuming facts not in evidence, compound, too general, hearsay, irrelevant, leading, misstating evidence, calling for a narrative answer, or calling for speculation. Objections can also be made to answers that are irrelevant, conclusions, opinions, hearsay, narratives, or unresponsive. For exhibits, objections may involve lack of foundation, authentication, violating the best evidence rule, or containing inadmissible prejudicial information.

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aurea belen
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504 views

Common Trial Objections

This document lists common objections made during trials. It provides explanations and examples of objections such as: questions being ambiguous, argumentative, asked and answered, assuming facts not in evidence, compound, too general, hearsay, irrelevant, leading, misstating evidence, calling for a narrative answer, or calling for speculation. Objections can also be made to answers that are irrelevant, conclusions, opinions, hearsay, narratives, or unresponsive. For exhibits, objections may involve lack of foundation, authentication, violating the best evidence rule, or containing inadmissible prejudicial information.

Uploaded by

aurea belen
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COMMON TRIAL OBJECTIONS

"Objection, your Honor, the question is ambiguous."


A question is ambiguous if:
It may be misunderstood by the witness. It is objectionable on the ground that it may take on
more than one meaning.

"Objection, your Honor, the question is argumentative."


A question is argumentative if:
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 an argument contained in the question.
It calls for no new facts, but merely asks the witness to concede to inferences drawn by the
examiner from proved or assumed facts.

"Objection, your Honor, the question has been asked and


answered."
A question may be objectionable on the ground that
The witness has already answered a substantially similar question asked by the same attorney
on the same subject matter.

"Objections, your Honor, the question assumes facts not in


evidence."
A question assumes facts not in evidence if:
It presumes unproved facts to be true. Example: "When did you stop beating your wife?" This
question assumes that the person has beaten his wife.

"Objection, your Honor, the question is compound."


A question is objectionable on the ground that it is compound if:
It joins two or more questions ordinarily joined with the word "or" or the word "and."

"Objection, your Honor, the question is too general."


A question is too general, broad, or indefinite, if:
It permits the witness to respond with testimony which may be irrelevant or otherwise
inadmissible. Each question should limit the witness to a specific answer on a specific subject.

"Objection, your Honor, the question is hearsay."


A question is hearsay if:
It invites the witness to offer an out-of-court statement to prove the truth of some matter in
court. There are many exceptions to the hearsay rule.
"Objection,

your Honor, the question is irrelevant."

A question is irrelevant if:


It invites or causes the witness to give evidence not related to the facts of the case at hand.

"Objection, your Honor, the question is leading."


A question is leading if:
It is one that suggests to the witness the answer the examining party desires. However, this type
of question is allowed on cross-examination of a witness.

"Objection, your Honor, the question mis-states the evidence."


A question misstates the evidence if:
It misstates or misquotes the testimony of a witness or any other evidence produced at a
hearing or at a trial.

"Objection, your Honor, the question calls for a narrative


answer."

A question calls for a "narrative answer" if:


It invites the witness to narrate a series of occurrences, which may produce irrelevant or
otherwise inadmissible testimony.
Question and Answer interrogation is the standard format. It allows opposing counsel to object to
improper questions.

"Objection, your Honor, the question calls for speculation."


A question is speculative if:
It invites or causes the witness to speculate or answer on the basis of conjecture.

Objections to questions
a.calls for irrelevant answer
b.calls for immaterial answer
c.witness is incompetent
d.violates the best evidence rulee.
calls for privileged communicationf.
calls for a conclusiong.
calls for an opinion (by an incompetent witness)h.
calls for a narrative answeri.
calls for a hearsay answer j.
leadingk.
repetitive (asked and answered)l.
beyond the scope (of the direct, cross or redirect)m.
assumes facts not in evidencen.

confusing/misleading/ambiguous/vague/unintelligibleo.
speculative p.
compound questionq.
argumentativer.
improper characterizations.
misstates evidence/misquotes witnesst.
cumulativeu.
improper impeachment
Objections to answers
a.
irrelevant b.
immaterialc.
privilegedd.
conclusione.
opinionf.
hearsayg.
narrativeh.
improper characterizationi.
violates parole evidence rule j.
unresponsive/volunteered
Objections to exhibits
a.
irrelevant b.
immaterialc.
no foundationd.

no authenticatione.
violates best evidence rulef.
contains hearsay/double hearsayg.
prejudice outweighs its probative valueh.
contains inadmissible matter (mentions insurance, priorconvictions, etc.)

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