Objection in the Court
OBJECTIONS:
Objections can be made whenever an attorney or witness has VIOLATED THE RULES OF EVIDENCE.
The attorney wishing to object should STAND UP and do so at the time of the violation; that is, the objection should be made AS SOON as the improper question is asked by the other lawyer and BEFORE the witness answer, whenever possible.
When an objection is made, the judge will ask the OBJECTING ATTORNEY the reason. Then the judge will turn to the ATTORNEY WHO ASKED THE QUESTION and give him/her a chance to EXPLAIN WHY the objection should NOT be accepted (SUSTAINED) by the judge
. The judge will then rule on the objection, deciding whether an attorney’s question or witness’ answer must be discarded (“OBJECTION SUSTAINED”), or whether to allow the question or answer to remain on the trial record (“OBJECTION OVERRULED”).
The following are standard mock trial objections:
RELEVANCY Say: “Objection, Your Honor. This testimony is not relevant to the facts in this case.”
LEADING QUESTION Say: “Objection, Your Honor. Counsel is leading (ON DIRECT EXAMINATION) the
witness.”
IMPROPER CHARACTER SAY: “Objection, Your Honor. Character is not an (DURING TESTIMONY) issue here.”
BEYOND THE SCOPE OF SAY: “Objection, Your Honor. Counsel is talking about (SCOPE OF DIRECT
EXAMINATION) matters that did not come up in the direct exam.” (Or, matters
that are “beyond the scope of the direct examination”).
HEARSAY SAY: Objection, Your Honor. Counsel’s questions and the witness’ answer, is based on
hearsay.” The witness has already given a hearsay answer, the attorney should
also:
SAY: “…and I ask that the statement be stricken from the record.”
OPINION TESTIMONY SAY: “Objection, Your Honor. Counsel is asking the witness to give an opinion.”
NO PERSONAL KNOWLEDGE SAY: “Objection, Your Honor. The witness has no personal knowledge to answer the
question.”
Objections can be made whenever an attorney or witness has VIOLATED THE RULES OF EVIDENCE.
The attorney wishing to object should STAND UP and do so at the time of the violation; that is, the objection should be made AS SOON as the improper question is asked by the other lawyer and BEFORE the witness answer, whenever possible.
When an objection is made, the judge will ask the OBJECTING ATTORNEY the reason. Then the judge will turn to the ATTORNEY WHO ASKED THE QUESTION and give him/her a chance to EXPLAIN WHY the objection should NOT be accepted (SUSTAINED) by the judge
. The judge will then rule on the objection, deciding whether an attorney’s question or witness’ answer must be discarded (“OBJECTION SUSTAINED”), or whether to allow the question or answer to remain on the trial record (“OBJECTION OVERRULED”).
The following are standard mock trial objections:
RELEVANCY Say: “Objection, Your Honor. This testimony is not relevant to the facts in this case.”
LEADING QUESTION Say: “Objection, Your Honor. Counsel is leading (ON DIRECT EXAMINATION) the
witness.”
IMPROPER CHARACTER SAY: “Objection, Your Honor. Character is not an (DURING TESTIMONY) issue here.”
BEYOND THE SCOPE OF SAY: “Objection, Your Honor. Counsel is talking about (SCOPE OF DIRECT
EXAMINATION) matters that did not come up in the direct exam.” (Or, matters
that are “beyond the scope of the direct examination”).
HEARSAY SAY: Objection, Your Honor. Counsel’s questions and the witness’ answer, is based on
hearsay.” The witness has already given a hearsay answer, the attorney should
also:
SAY: “…and I ask that the statement be stricken from the record.”
OPINION TESTIMONY SAY: “Objection, Your Honor. Counsel is asking the witness to give an opinion.”
NO PERSONAL KNOWLEDGE SAY: “Objection, Your Honor. The witness has no personal knowledge to answer the
question.”