Common Trial Objections John D’Esposito Teaching American History Course

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 4Y618, 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?”