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Common Grounds For Objections

The document lists various objections that can be made to questions posed during examination of a witness in court. These include objections to leading questions, hearsay evidence, lack of foundation or facts not established, confidential communications, vagueness, calls for legal or factual conclusions, argumentative questions, improper foundation, witness opinion, misleading questions, questions already answered, incompetent witness, parol evidence, self-serving evidence, best evidence, statutes of fraud, and improper questions during different types of examination. It also discusses that objections must be made immediately, grounds for objection must be specified, failure to object does not make other improper evidence admissible, objections cannot be made in advance, and waiver of objections.

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Camille Hernandez
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487 views

Common Grounds For Objections

The document lists various objections that can be made to questions posed during examination of a witness in court. These include objections to leading questions, hearsay evidence, lack of foundation or facts not established, confidential communications, vagueness, calls for legal or factual conclusions, argumentative questions, improper foundation, witness opinion, misleading questions, questions already answered, incompetent witness, parol evidence, self-serving evidence, best evidence, statutes of fraud, and improper questions during different types of examination. It also discusses that objections must be made immediately, grounds for objection must be specified, failure to object does not make other improper evidence admissible, objections cannot be made in advance, and waiver of objections.

Uploaded by

Camille Hernandez
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The usual grounds for objection are the following:

a. Objection to the question for being leading;

b. Objection to the question for it calls for hearsay evidence;

c. Objection to the question for lack of basis, or it assumes a fact not


established;

d. Objection to the question for it invades the field of confidential


communication;

e. Objection to the question for being vague;

f. Objection to the question for it calls for a conclusion of law;

g. Objection to the question for it calls for a conclusion of fact;

h. Objection to the question for being argumentative;

i. Objection to the question for the proper foundation has not been laid;

j. Objection to the question for it calls for the opinion of the witness;

k. Objection to the question for being misleading;

l. Objection to the question for it has already been answered;

m. Objection to the question for the witness is incompetent;

n. Objection to the question for being inadmissible under the parol


evidence rule;

o. Objection to the question for it attempts to elicit from the witness self-
serving evidence;

p. Objection to the question for the document offered is self-serving;

q. Objection to the question for it tends to elicit evidence which is not


the best evidence;

r. Objection to the question for it calls for parol evidence of an alleged


agreement under the statutes of fraud;

s. Objection to the question for being improper in cross-examination;

t. Objection to the question for being improper in re-direct


examination; and

u. Objection to the question for being improper in re-cross examination.


Rule 132, Section 36
.
OBJECTION

Objection to evidence offered orally must be made immediately after the


offer is made.

Land Bank vs. Veronica (GR 176692, June 27, 2012)


Objection to a question propounded in the course of the oral examination
of a witness shall be made as soon as the grounds therefore shall become
reasonably apparent. An offer of evidence in writing shall be objected to
within 3days after notice of the offer unless a different period is allowed by
the court. In any case, the grounds for the objections must be specified

Effect of Failure to Object


The failure to object to incompetent evidence has been held not to render
other incompetent evidence admissible in corroboration thereof. Nor by
having failed to object to the admission of improper evidence at one time
does a party lose or waive the right to object to like evidence when it is
offered at a later stage of the proceedings.

Premature Objection
An objection to evidence cannot be made in advance of the offer of the
evidence sought to be introduced.

Example:
An objection to the testimony of a witness on the ground that he is
disqualified, before such disqualification is shown, cannot be availed of
because of subsequent proof of disqualification.

Waiver of objection to oral evidence


1. An objection may be expressly waived.
2. Implied waiver;

Examples:

a. Failure to make the objection at the proper time


b. Curing of an error of admission by the opponent’s subsequent use of
evidence similar to that already objected to or prior use of similar
inadmissible evidence
c. Testimony stricken out during the direct examination, where on
cross-examination, counsel asked questions from the witness in
connection with answers given in the direct examination.

Effect of waiver of objection or failure to object


Failure to object evidence at time it is offered is a waiver of objections to its
admissibility. The waiver is operative, not only as to substantially the same
testimony given in other portions of the examination of the witness and
subsequent proceedings on the trial, but also as affecting the right to have
questions of its admissibility reviewed on appeal or writ of error.

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