Common Objections
Witnesses are bound by their Witness Materials and may not invent Material Facts that are not Reasonably Consistent with those materials
What is Unfair Extrapolation?
Attorneys may not ask a question that assumes unproved facts.
What is "Assuming Facts Not In Evidence?"
An attorney may not harass or continue to annoy/aggravate a witness
What is "Badgering the Witness?"
evidence NOT 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.
What is "Relevance?"
Make sure you have permission from judge first (either judge will ask you or you will say "permission to respond?"). Then state what the exception is or why it does not fall under that objection.
a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
What is "Hearsay?"
Admission by a party-opponent.
What is a hearsay exception?`
Prior statement by witness at trial
What is hearsay exception?
A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
What is "Present Sense Impression" (Hearsay Exception)?
How does one object?
(covered in pre-trial but generally:) Stands up and says [Objection], Your Honor (sometimes explain). LISTEN IN PRE-TRIAL TO WHAT THE JUDGE INSTRUCTS
may inquire into any relevant facts or matters contained in the witness’ statement, including all reasonable inferences that can be drawn from those facts and matters, and may inquire into any omissions from the witness statement that are otherwise material & admissible.
What is the Scope of CX?
questions must be limited to matters raised by the attorney on cx
What is Scope of Re-DX?
question that asks the witness to agree to a conclusion drawn by the questioner without eliciting testimony as to new facts.
before a witness can testify to anything important, it must be shown that the testimony rests on adequate foundation.
What is "Lack of Foundation"
Can one talk to co-counsel during objections?
Yes but it looks really really bad so DO NOT do that. It is permissible in the rules but not socially.
fails to respond to the question asked.
What is "Non-Responsive?"
Questions designed to elicit the same testimony or evidence previously presented in its entirety
What is "Repetition?"
question that assumes unproved facts.
What is "Assuming Facts Not in Evidence?"
the witness has no personal knowledge
What is "Lack of Personal Knowledge"
Does one need to know the rule for the objection/exception?
Not technically but will definitely improve your score. In terms of exceptions, it will also impact your credibility.
question doesn't call for a specific answer
What is "Calling for a Narrative Answer?"
answer not based on the facts and issues of the case being argued (or question that calls for something not based on facts)
What is "Speculation?"
What is "Lack of Qualification for Witness as an Expert?"
I rescind my objection, Your Honor. Be graceful and do not throw a fit or try to argue if you are losing; it doesn't look good and will lose you points.