Lawyers-Objections

Things to remember

 only object to the witness you are crossing and directing.  Stand up when objecting  object at the time of the violation  Say thank you whether it is sustained or overruled and sit down  most objections will be overruled in mock trial to give the lawyers some leeway, don't be shaken  object or points will be taken off  when a lawyer objects to you and you have no response say I'm sorry your honors let me rephrase. (as a last resort)  never be shaken by someone objecting to you that is their goal

Common Objections

 Irrelevant- Objection, this is irrelevant

Ex: There is a two to one ratio of vacant houses. There are also houses with no smoke detectors. (smoke detectors is irrelevant to topic being discussed)

If objected to- With a little latitude your honors this court will see the relevancy

 Irrelevant evidence that should be excluded-Objection, this is unfairly prejudicial (waste of time) and should be excluded (or stricken from the record) because...  Leading Question-Objection, council is leading the witness. Only used on direct and Suggests the answer in the question

directs- Questions with yes/no answers are not always leading. If objected to say your honor it is not leading the answer is not suggested in the question

 Narrative answer- Objection, this witnesses answer is narrative. Commonly used on directs when the witness starts talking about something that is beyond what the question has asked.

If objected to say no response to the objection and put questions such as anything else, please elaborate etc to split things up.

 Non-responsive answer-The witness is non-responsive your honor, I ask that this answer be stricken from the record and the witness be directed to answering the question as asked. (used usually on cross when witness does not answer question asked)

Ex: Attorney: Isn't it true that you hit student B?

Witness: Student B hit me first to humiliate me. (does not answer question)

 Beyond the scope of cross or redirect-Objection, Council is asking the witness about matters that were not brought up in the cross or redirect.

If objected to rephrase

As a lawyer you may only ask the witness questions in cross that were said in direct, you can only ask questions that were brought up in cross in the redirect and only ask questions that were brought up in redirect in your recross.

 Improper character opinion- Objection, improper character opinion.

Used when a witness gives an opinion about another person character (trustworthiness) that is not theirs to give.

 Improper opinion- Objection, Council is asking the witness to give an expert opinion and this witness has not been qualified as an expert.

Ex: Kasey Acres can not say that she believes Ronnie died of meth and not by fire

 Invention of facts/ Unfair Extrapolation-your honor, we object on the basis that opposing councils questions seeks evidence that is outside the record in this case.

Is used usually on direct. (Can also be used on cross)

 Lack of personal Knowledge-Objection, the witness has no personal knowledge with which to answer this question.

Usually used on cross to protect witness but can be used on direct as well.

 Speculation-Objection, this witness is speculating. Or this question calls for speculation.

It is a message expressing an opinion based on incomplete evidence Ex: Do you predict any problems? (for an expert come back with they have experience in this field and can draw from past experiences)

 Hearsay- Objection, hearsay. Or Objection this question calls for hearsay.

When a witness testifies about what someone said outside of court. That person is not under oath and what they said is not reliable.

If objected to say I'm sorry and rephrase. Or move on

 Lack of Proper Predicate/ Foundation-Objection, the opposing attorney has not laid a proper foundation prior to moving the admission of evidence.

When an attorney has not proved that the evidence is substantial before admitting it into the record.

 Repetition- Objection, opposing council is offering the same evidence or testimony as has been already thoroughly touched upon.

When an attorney is hitting the same testimony or exhibit over and over without making a new point.

Procedures

 Introducing Exhibits- o “Your honor, may I approach the witness with what has been marked as Exhibit number __?” o Show the exhibit to opposing council. o Ask your questions. o Offer the exhibit into evidence. “Your honor, we offer Exhibit number __ into evidence.”  Impeaching- o “I am now going to refer to line ___ to ___ of the witnesses statement” o read it o (ask the witness) “Did I read that correctly?” o ask your questions . example “So in fact Mr. Johnson, you were drinking and had had a couple beers?”  Hearsay Objection o If they object to the email or anything that a witness has in their statement . “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. . Rule 402. Relevant Evidence Generally Admissible: Irrelevant Evidence Inadmissible All relevant evidence is admissible, . Rule 406. Habit; Routine Practice Evidence of the habit of a person or the routine practice of an organization, whether corroborated or not and regardless of the presence of eye-witnesses, is relevant to prove that the conduct of the person or organization, on a particular occasion, was in conformity with the habit or routine practice. o Way to object to email under hearsay

. Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste

of Time Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, if it confuses the issues, if it is misleading, or if it causes undue delay, wastes time, or is a needless presentation of cumulative evidence.