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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 !bjection, this is irrelevant
"#$ %here is a two to one ratio of vacant houses. %here are also houses with no
smoke detectors. (smoke detectors is irrelevant to topic being discussed)
If objected to &ith a little latitude your honors this court will see the relevancy
Irrelevant evidence that should be excluded!bjection, this is unfairly
prejudicial (waste of time) and should be e#cluded (or stricken from the record)
because...
Leading Question!bjection, council is leading the witness. !nly used on
direct and Suggests the answer in the 'uestion
directs (uestions 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 'uestion
Narrative answer !bjection, this witnesses answer is narrative. *ommonly
used on directs when the witness starts talking about something that is beyond
what the 'uestion has asked.
If objected to say no response to the objection and put 'uestions such as
anything else, please elaborate etc to split things up.
Non-responsive answer-%he witness is nonresponsive your honor, I ask that
this answer be stricken from the record and the witness be directed to
answering the 'uestion as asked. (used usually on cross when witness does not
answer 'uestion asked)
"#$ +ttorney$ Isn't it true that you hit student ,-
&itness$ Student , hit me first to humiliate me. (does not answer 'uestion)
eyond the scope o! cross or redirect!bjection, *ouncil is asking the
witness about matters that were not brought up in the cross or redirect.
If objected to rephrase
+s a lawyer you may only ask the witness 'uestions in cross that were said in
direct, you can only ask 'uestions that were brought up in cross in the redirect
and only ask 'uestions that were brought up in redirect in your recross.
Improper character opinion !bjection, improper character opinion.
.sed when a witness gives an opinion about another person character
(trustworthiness) that is not theirs to give.
Improper opinion !bjection, *ouncil is asking the witness to give an e#pert
opinion and this witness has not been 'ualified as an e#pert.
"#$ /asey +cres can not say that she believes 0onnie died of meth and not by
fire
Invention o! !acts" #n!air $xtrapolationyour honor, we object on the basis
that opposing councils 'uestions seeks evidence that is outside the record in
this case.
Is used usually on direct. (*an also be used on cross)
Lac% o! personal &nowledge!bjection, the witness has no personal
knowledge with which to answer this 'uestion.
.sually used on cross to protect witness but can be used on direct as well.
'peculation!bjection, this witness is speculating. !r this 'uestion calls for
speculation.
It is a message e#pressing an opinion based on incomplete evidence
"#$ 1o you predict any problems- (for an e#pert come back with they have
e#perience in this field and can draw from past e#periences)
(earsay !bjection, hearsay. !r !bjection this 'uestion calls for hearsay.
&hen a witness testifies about what someone said outside of court. %hat person
is not under oath and what they said is not reliable.
If objected to say I'm sorry and rephrase. !r move on
Lac% o! )roper )redicate" *oundation-!bjection, the opposing attorney has
not laid a proper foundation prior to moving the admission of evidence.
&hen an attorney has not proved that the evidence is substantial before
admitting it into the record.
+epetition !bjection, opposing council is offering the same evidence or
testimony as has been already thoroughly touched upon.
&hen an attorney is hitting the same testimony or e#hibit over and over
without making a new point.
)rocedures
Introducing $xhibits-
o 23our honor, may I approach the witness with what has been marked as
"#hibit number 44-5
o Show the e#hibit to opposing council.
o +sk your 'uestions.
o !ffer the e#hibit into evidence. 23our honor, we offer "#hibit number 44
into evidence.5
Impeaching
o 2I am now going to refer to line 444 to 444 of the witnesses statement5
o read it
o (ask the witness) 21id I read that correctly-5
o ask your 'uestions
e#ample 2So in fact 6r. 7ohnson, you were drinking and had had
a couple beers-5
(earsay Objection
o If they object to the email or anything that a witness has in their
statement
2+elevant evidence, means evidence having any tendency to make the
e#istence of any fact that is of conse'uence to the determination of the
action more probable or less probable than it would be without the
evidence.
Rule 402. Relevant Evidence Generally Admissible:
Irrelevant Evidence Inadmissible +ll relevant evidence is
admissible,
Rule 406. Habit; Routine Practice "vidence of the habit of a
person or the routine practice of an organi8ation, whether corroborated or
not and regardless of the presence of eyewitnesses, is relevant to prove
that the conduct of the person or organi8ation, on a particular occasion,
was in conformity with the habit or routine practice.
o -ay to object to email under hearsay
Rule 40. E!clusion o" Relevant Evidence on
Grounds o" Pre#udice$ %on"usion$ or &aste
o" 'ime +lthough relevant, evidence may be e#cluded 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.