Common Objections I
Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?
Compound
Billie: The evidence strongly suggests...
CA: But there is no way to prove what started the fire?
Crossing Attorney: You said this man was selling home-made pastries?
Rosie: Yes.
Crossing Attorney: He sold pastries?
Rosie: Yes, home-made.
Crossing Attorney: So, he was a pastry salesman?
Asked and Answered
On direct examination:
At 8 pm that day, you were at the deli, correct?
Leading
A business keeps a written log of who enters and exits the building
Is this hearsay?
No because it is a regularly conducted business activity
When did you see it happen?
Vague
Crossing Wynn Byrd: So you have a history of convenient insurance payouts?
Objection! Improper character evidence
Ricky was charged with Arsen in the first degree during the trial the officer who arrested Ricky begins to testify that he has known Ricky before from when he arrested him for Robbing a string of nursing home a few years ago. The case was thrown out after none of the old people could remember the robbery occurring.
Prejudicial outweighs Probative
Sally was robbed at gunpoint by Charles on September 7, 2019. On the stand Sally was asked...
After Charles stole your money did he go to the casino?
Lack of Personal Knowledge
Is this hearsay?
No because this is a medical diagnosis
The victim's favorite color was red, wasn't it?
Relevance 2x points if you said low bar objection
Billi Jo: I told Wynn that the fire damage was luckily minimal but they were angry instead of relieved
Objection! Speculation
Richard went into a grocery store running around flailing his arms and yelling, he then went on to stab three pedestrians. A witness in the store says this on the stand.
"I think the defendant had to be in some sort of Psychotic state, he clearly needed medication."
Improper Lay Opinion, the witness is not a doctor and therefor can not comment on his mental state
Wasn’t it careless to leave such dangerous item in such a public, easily accessible location?
Argumentative
I was working the tower then all of the sudden I head this pilot radio "Mayday Mayday my engine is gone I'm heading towards the grou-!"
Is this hearsay?
No because it is an excited utterance
Lisa ran into the store, she was clearly nervous about something.
Speculation
Wrestler guy says: "Our Audiences were not fans of El Prodigio"
Objection! Speculation
Bonus: Is this objectionable?
Wrestler guy says: "Every time El Prodigo went on the stage the audience yawned and left the event"
Johnny hears a gunshot from around a corner, runs, and sees the victim dead, and the Sarah holding a gun. Jonny later testifies at the trial and says “I believe the defendant shot the victim”
Speculation
How can you sit here and lie to the court about your attitude towards the victim?
Argumentative
Wrestler guy: I went to Sylvia and asked her what just happened and Sylvia said "What are you talking about? of course that was Wynne Byrd!"
Is this hearsay?
Yes! This is hearsay
Q: Isn't it true that you put your hands around my neck after you pushed me on the ground?
A: Well, yes I did
Q: When I broke free, isn’t that how you got the bruises on your arms?
A:Look, I didn’t mean to hurt you, I was just trying to get your attention and….
The answer is non-responsive
Billie Jo Elish: Byrd moved to town from Chicago in 2016 and started investing in a number of questionable businesses, one of which was Blue Cat Lounge, which went under after Byrd and their business partner lost all their money as investors and had to declare bankruptcy in 2017. After Byrds partner left he had to have had some kind of settlement money because he opened up the dinner theatre. It Is no shock that this business failed as well.
Objection: Improper Character Evidence, speculation
Directing Attorney: Why do believe this man didn’t have very many customers?
Rosie: I don’t think his pastries are very good, so that must be why there aren’t any people in the shop.
Improper Lay Opinion and Speculation
The defendant was aways rude to me, and particularly so on the day of the murder
Improper Character Evidence
Billie Jo Eilish: "The cellphone in my pocket rang and turns out it was Byrd's he said "I wondered where I put that." He answered the call and made a few grunting noises before shouting "You're fired!" and slamming the phone shut.
Is this hearsay?
No this is not hearsay because it was a statement made by the party opponent