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Objections

VIEWS: 11 PAGES: 15

									Objections
•   They are adversarial.

•   You must plan ahead.

•   You must be prepared to change strategies
    quickly.

•   You must be quick on your feet.

•   You must know the Rule of Evidence.

    What is special about objections
   Prevents “questionable” evidence or
    testimony from entering the record.

   Interrupts opposing counsel’s script and
    flow.

   Breaks the flow of testimony and wakes up
    the jury.

Why object?
•   Keep a favorable impression with the jury.

•   You don’t want to draw the jury’s attention to
    testimony that doesn’t help your case.

•   You should not object when opposing counsel is
    eliciting testimony that will actually help your
    case.
      • Lays a foundation for your case.
      • Introduces character evidence.

    Why would you NOT object?
1.   Stand up to make your objection.

2.   State the reason for your objection, i.e. relevance.

3.   Look at the judge when making your objection and
     arguing – don’t look at opposing counsel because you
     are arguing to the judge.

4.   Have an argument prepared in case the judge asks
     you to respond.

5.   Remain standing until the judge makes his ruling.

Logistics of Objections
                 Argumentative

•   Opposing counsel isn’t asking a question so
    much as he is arguing with the witness.

•   Example



    Common Objections
                    Compound

•   Use this objection when the question asked
    is eliciting more than one fact, i.e. asking a
    question that is really two questions at
    once.

•   Example

    Common Objections
                     Leading

   When opposing counsel, on direct examination,
    asks a question that suggests an answer.
   Leading questions are allowed on cross
    examination, so don’t object to a leading
    question on cross.

   Example

Common Objections
        Assumes Facts Not in Evidence

•   The question asked by counsel refers to
    information not yet introduced in evidence.

•   Example



    Common Objections
              Lack of Foundation

 The prerequisite evidence has not been
  entered that would allow the current
  evidence to be presented.
 Often used when opposing counsel is trying
  to enter an exhibit into evidence.

   Example
Common Objections
            Improper Lay Opinion
 An opinion is offered by an lay witness (not
  qualified as an expert).
 It’s okay for lay witnesses to offer opinion
  based on rational perception or helpful to
  the jury.

   Example

Common Objections
                  Speculation

•   Witness does not have firsthand knowledge
    of the fact they are testifying to – they
    didn’t hear, say, or see it themselves.

•   Example


    Common Objections
                    Relevance

•   Evidence does not relate to the case; isn’t
    helpful in determining the ultimate issue.

•   Example



    Common Objections
                      Hearsay

   Hearsay is a statement made outside of the
    current court proceeding being offered for the
    truth of the matter.
   There are many hearsay exceptions – know
    them!!
   http://www.youtube.com/watch?v=MLxgY1sVV
    9c

   Example
Common Objections
1. Prepare ahead of time, anticipating
   objectionable evidence and preparing
   arguments for objections.
2. Know the evidentiary rules that are going
   to apply to your trial.
3. Prepare yourself to think on your feet; you
   will face an unexpected objection.


Important Things to Remember

								
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