Objection Definitions
Relevance Definition
The question asked calls for an irrelevant answer.
Leading Response
The question does not suggest the answer to the witness.
"The defendant has been known to lie in the past, so it’s clear they are lying now."
Speculation / Character Evidence
Character Evidence, Rule 404(a)
Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
A statement that describes or explains an event or condition and was made while the declarant was perceiving the event.
Present Sense Impression, Rule 803(1)
Compound Definition
A question that asks for two or more items of information at the same time
Foundation Response
The witness has testified to ... which lays sufficient foundation for the admission of the testimony.
“Everyone knows that Mr. Smith cheats on his taxes.”
Lack of Personal Knowledge / Speculation
Habit Routine Practice, Rule 406
Evidence of a persons habit or an organizations routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.
Business Record, Rule 803
A record made at or near the time, kept in the course of regularly conducted business, regular practice to record, and the witness has provided testimony about it.
Speculation Definition
When a question calls for a person to speculate about another person's thoughts, feeling, or actions.
Speculation Response
The witness is discussing what the witness perceived not anothers thoughts, feelings, or actions
“The witness is lying about what happened.”
Improper Opinion / Argumentative
Offers to Pay Medical and Similar Expenses, Rule 409
Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the jury.
Excited Utterance, Rule 803
The witness testify that the statement related to a startling event or condition made while declarant was under stress of the startling event.
Hearsay Definition
An out of court statement being used to offer the truth of the matter asserted.
Asked and Answered Response
The question has not yet been asked during my examination. OR I am asking the question for clarification purposes.
“And then the other driver ran the red light, right?”
Religious Beliefs or Opinions, Rule 610
Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.
Evidence made by a public agency or office that preserves records of a particular matter and the document is self-certifying.
Public Records and Report, Rule 803 and Self Authenticating, Rule 902
Leading Definition
A question that suggests the answer in it.
Hearsay Response
The statement is not offered for the truth of the matter asserted. It falls under an exception of the hearsay rule because the making of the statement in question is relevant to show:
“When you killed the victim, were you angry?”
Assumes Facts Not in Evidence
Opinion Testimony by Lay Witness, Rule 701
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: A. rationally based on the witness's perception; B. helpful to clearly understand the witness's testimony or to determine a fact in issue and; C. Not based on scientific, technical, or other specialized knowledge.
Recorded Recollection, Rule 803
Matter of which witness once had knowledge but now has insufficient memory to testify and the witness can identify the record, recalls making the record near the time of event, and can testify to its accuracy.