Thursday, February 4, 2010

Objections

OBJECTION SHEET

If arguing for your objection, "My response is that. . . ."

IRRELEVANT
(not important to the case)

LEADING QUESTION
(no leading on direct exam) -- watch for "yes, no, correct"

IMPROPER CHARACTER TESTIMONY
(only the witness’ reputation/character for truthfulness is at issue here)

HEARSAY
(out of court statement to prove the truth of the matter-ask to strike) --- Hearsay -- what someone else had said -- someone not testifying. You could object at various times in the testimony -- if more "hearsay" is introduced. "______ is not in court today."

Possible answer to hearsay objection --- ". . . is a party in this case, and therefore his statements are not hearsay. . . "

IMPROPER OPINION
(not an expert or not the experts area)

LACK OF PERSONAL KNOWLEDGE
(doesn’t have info about the particular issue)

ARGUMENTATIVE/BADGERING
(attorney argues or seems to presenting an argument in the guise of a question)

SPECULATION
(guessing about something) "Objection, Your Honor, calls for speculation." They are guessing about something they really can't know -- such as motivation, what is in someone else's mind, etc.

LACK OF FOUNDATION
(didn’t take information in small steps that make sense or build on the ideas correctly) -- Avoid this one by laying a foundation for further questions.

ASKED AND ANSWERED
(witness has already testified about this)

NONRESPONSIVE
(witness seems to be evading the answer)

CREATING A MATERIAL FACT NOT FOUND IN THE RECORD
(Something being said is materially affecting the outcome of the case)

NARRATION -- When cross examining, you may want to ask the judge to direct the witness to
(witness is going beyond the question asked) answer the question. During the other side's direct, you could make this objection about their witness.

IMPROPER RELIGIOUS TESTIMONY
(using religion to + or - a witness)

BEYOND THE SCOPE OF REDIRECT OR RECROSS
(objection only for redirect or recross-going over info not brought up)

ARGUING FACT NOT IN EVIDENCE (CLOSING)
(counsel on closing brings up info that didn’t get in at trial)

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