OBJECTIONS
Hearsay: A statement made by a person outside of court, which may not be used as evidence.
Exceptions:
· Truth of the Matter: When this hearsay statement is not being used to prove the truth of the matter, rather the state of mind of the defendant, it is acceptable.
· Public Records: When this statement is made during the basic course of public business.
o Ex. “And what did your friend tell you then?”
o Objection your honor, this question calls for Hearsay. Sustained.
o Ex. “And then he told me that…”
o Objection you honor, this is a hearsay statement. Sustained.
Inadmissible Opinion Testimony: Testimony that involved speculation by a witness. A statement that offers an opinion by a non-expert witness.
Exception:
· An expert witness may state their opinion based on their expertise.
o Ex. “And why do you think he did this?
o Objection your honor, this question calls for inadmissible opinion testimony. Sustained.
o Ex. “In your expert opinion, what left the marks?”
o An objection to this question will be overruled because the witness is an expert.
Outside the Facts of Record or No Personal Knowledge: An attorney is not allowed to ask a witness any question whose answer is not in that witness’s witness statement or the fact situation, because then the witness would have no personal knowledge of this event.
o Ex. Asking the defendant: “And what did the coroner’s examination show?”
o Objection, No Personal Knowledge. Sustained.
Argumentative/Badgering: When an attorney asks an inflammatory question or asks a question in an argumentative tone. (NO YELLING)
o Ex. “You are an incompetent witness, aren’t you?”
o Objection our honor, this question is argumentative. Sustained
Vague and Ambiguous: A question that makes little sense.
o Ex. “So what happened at that place at that time?”
o Objection your honor, this question is vague. Sustained
Compound Question: A questions that consists of two parts.
o Ex. “Where were you last night, what were you doing, and who were you with?
o Objection your honor, this question is compound. Sustained.
Narrative: An answer that goes on and on and on…
o Ex. “So, I started acting when I was four, and then I began producing and then I received my first nomination. I would say that it all really began when I moved to Hollywood and then met my beautiful wife, whom I later divorced and then…
o Objection your honor, this is becoming a narrative.
Relevance: A question that is of no importance to the trial.
o Ex. “What did you have for dinner last night?”
o Objection your honor, this question is irrelevant.