The Bases for Objecting During Witness Examination objections The Bases for Objecting During Witness Examination

Stand and “OBJECT!” If a question is objectionable, you must stand and issue your objection to the judge. You must state “OBJECTION!” as well as your reason for objecting. The lawyer whose question was objected to has an opportunity to argue why the question should be allowed. The judge may do one of two things: 1. Sustain your objection. This means the question is disallowed and the lawyer must rephrase or ask another question. 2. Overrule your objection. This means the judge will allow the witness to answer the question.

1. Leading questions Although leading questions (yes/no type questions) are used in cross-examination, they are not appropriate in direct examination. Lawyer 1: “You were at the deli around 8:00, weren’t you?” Lawyer 2: “OBJECTION! Leading the witness.” Judge: “Sustained.”

2. ARGUMENTATIVE QUESTION If a lawyer’s questioning becomes too aggressive, you may object that the questioning is argumentative. Generally, the question challenges or argues that a witness is not being honest or telling the whole truth. Lawyer 1: “How can you expect the jury to believe that story?” Lawyer 2: “OBJECTION! Argumentative.” Judge: “Sustained.”

3. ASKED AND ANSWERED Some lawyers try to emphasize a point by asking the same question more than once. This is objectionable because the lawyer is trying to make a point, which is essentially making an argument. Lawyer 1: “Did you stop at the corner of Main and Oak Street?” Witness: “No.” Lawyer 1: “So you ran the stop sign?” Lawyer 2: “OBJECTION! Asked and answered.” Judge: “Sustained.”

4. Relevance The question asked must be relevant to the proceedings. Lawyer 1: “Your favourite colour is yellow, correct?” Lawyer 2: “OBJECTION! Relevance.” Judge: “Sustained.”

5. Lacks Foundation Direct examination questioning must create a narrative – tell a story. For the story to make sense, the questioning must lay a foundation so that the sequence of events makes sense. Lawyer 1: “What did you see at the diner that night?” Lawyer 2: “OBJECTION! The question lacks foundation because it hasn’t even been established that the witness was at the diner that night.” Judge: “Sustained.”

6. Calls for speculation You cannot ask a witness to speculate about the outcome of a situation. This should be left to closing arguments. Lawyer 1: “If Jonah had gotten more sleep the night before, the accident might never have occurred, right?” Lawyer 2: “OBJECTION! Calls for speculation.” Judge: “Sustained.”

7. opinion A witness’s opinion is not evidence. If a questions attempt to illicit a witness’s opinion, you may object. Lawyer 1: “Do you think the victim was upset about the situation?” Lawyer 2: “OBJECTION! She is asking for the witness’s opinion.” Judge: “Sustained.”

8. hearsay This objection is made when a witness testifies about a statement made by another person and uses contents of the other person’s statement to prove a fact true or false. This kind of testimony is considered hearsay because the actual declarant of the statement in question is neither under oath on the stand, nor will be cross examined. Therefore, hearsay is considered unreliable and inadmissible except in limited circumstances. Lawyer 1: “What did the victim tell Austin before he went into the house?” Lawyer 2: “OBJECTION! Hearsay. That’s a question for Austin, not this witness.” Judge: “Sustained.”