Objections

1. Objections

2. What is special about objections They are adversarial. You must plan ahead. You must be prepared to change strategies quickly. You must be quick on your feet. You must know the Rule of Evidence.

3. Why object? Prevents �questionable� evidence or testimony from entering the record. Interrupts opposing counsel�s script and flow. Breaks the flow of testimony and wakes up the jury.

4. Why would you NOT object? Keep a favorable impression with the jury. You don�t want to draw the jury�s attention to testimony that doesn�t help your case. You should not object when opposing counsel is eliciting testimony that will actually help your case. Lays a foundation for your case. Introduces character evidence.

5. Logistics of Objections Stand up to make your objection. State the reason for your objection, i.e. relevance. Look at the judge when making your objection and arguing � don�t look at opposing counsel because you are arguing to the judge. Have an argument prepared in case the judge asks you to respond. Remain standing until the judge makes his ruling.

6. Common Objections Argumentative Opposing counsel isn�t asking a question so much as he is arguing with the witness. Example

7. Common Objections Compound Use this objection when the question asked is eliciting more than one fact, i.e. asking a question that is really two questions at once. Example

8. Common Objections Leading When opposing counsel, on direct examination, asks a question that suggests an answer. Leading questions are allowed on cross examination, so don�t object to a leading question on cross. Example

9. Common Objections Assumes Facts Not in Evidence The question asked by counsel refers to information not yet introduced in evidence. Example

10. Common Objections Lack of Foundation The prerequisite evidence has not been entered that would allow the current evidence to be presented. Often used when opposing counsel is trying to enter an exhibit into evidence. Example

11. Common Objections Improper Lay Opinion An opinion is offered by an lay witness (not qualified as an expert). It�s okay for lay witnesses to offer opinion based on rational perception or helpful to the jury. Example

12. Common Objections Speculation Witness does not have firsthand knowledge of the fact they are testifying to � they didn�t hear, say, or see it themselves. Example

13. Common Objections Relevance Evidence does not relate to the case; isn�t helpful in determining the ultimate issue. Example

14. Common Objections Hearsay Hearsay is a statement made outside of the current court proceeding being offered for the truth of the matter. There are many hearsay exceptions � know them!! http://www.youtube.com/watch?v=MLxgY1sVV9c Example

15. Important Things to Remember Prepare ahead of time, anticipating objectionable evidence and preparing arguments for objections. Know the evidentiary rules that are going to apply to your trial. Prepare yourself to think on your feet; you will face an unexpected objection.