Name That Objection
Hearsay or Not?
Leading the Witness
Evidence Problems
Courtroom Strategy
100

A witness says, “I heard that the defendant stole the money,” but the witness did not see the theft happen.

Hearsay

100

A witness testifies, “My friend told me that she saw the defendant run away,” to prove the defendant ran away.

Hearsay (unless an exception or exclusion applies)

100

During direct examination, an attorney asks, “You saw the blue car at 8 p.m., correct?”

Leading question on direct examination

100

An attorney asks a witness to guess what another person was thinking during the alleged crime.

Speculation / lack of personal knowledge

100

An attorney asks a question that has already been answered several times.

Asked and answered / relevance depending on context

200

An attorney asks a witness, “You were angry at the defendant that night, weren’t you?” when there is no evidence the witness was angry.

Relevance / improper argumentative question

200

A witness testifies, “I saw the defendant run away,” describing something personally observed.

No objection on hearsay grounds; the witness has personal knowledge

200

During cross-examination, an attorney asks, “You were standing across the street, weren’t you?”

Generally no objection: leading questions are usually permitted on cross-examination

200

An attorney asks a witness to give an opinion about a subject requiring specialized scientific knowledge, but the witness has no relevant expertise.

Lack of qualification; improper lay opinion

200

An attorney asks a witness a question that assumes an unproven fact: “When did you stop hiding the stolen phone?”

Assumes facts not in evidence

300

A witness says, “The defendant is a dishonest person,” but the question concerns whether the defendant committed a specific theft.

Improper character evidence or lack of relevance

300

A witness testifies that the defendant said, “I took the laptop,” and the prosecution offers the statement against the defendant.

Generally not hearsay when offered against the opposing party as their own statement

300

During direct examination, an attorney asks, “What color was the car?”

No objection: an open-ended, non-leading question

300

An attorney tries to introduce a photograph but provides no evidence that it accurately depicts the scene.

Lack of authentication

300

A witness begins discussing an unrelated argument that happened months before the alleged crime.

Relevance; potentially nonresponsive testimony

400

An attorney asks, “Where were you, what did you see, and why did you leave?” all in one question.

Compound question

400

A witness testifies, “Someone told me the store was closed,” to prove the store was closed.

Hearsay (unless an exception or exclusion applies)

400

During direct examination, an attorney asks, “Isn’t it true that you changed your story after speaking with the police?”

Leading question on direct examination

400

An attorney asks a witness to identify a suspect in court, but the witness has no personal knowledge of who committed the crime.

Lack of personal knowledge / improper identification foundation

400

An attorney asks a question that invites the witness to speculate about what would have happened under different circumstances.

Speculation

500

An attorney asks a witness to describe a conversation that has no connection to the events being tried.

Relevance

500

A witness testifies that a victim shouted, “That man has a knife!” immediately after seeing someone approach with a knife. The statement is offered to explain what the victim perceived.

Potentially an excited utterance or another applicable hearsay exception; the purpose and circumstances matter

500

An attorney asks their own witness a leading question after the witness repeatedly gives unexpected answers. What might the attorney request, and what must the judge consider?

The attorney may request permission to treat the witness as hostile; the judge decides whether to allow leading questions under the applicable rules

500

An attorney offers a document as proof of what it says but cannot establish what the document is or where it came from.

Lack of authentication /  foundation

500

An attorney makes a valid objection, but the opposing attorney argues that the evidence is important. Who decides whether it is admissible, and what should the objecting attorney do after stating the objection?

The judge rules on admissibility. The attorney should state a concise, specific legal ground for the objection and follow the judge’s ruling.