Generally, you want to object before the witness answers a question. However, even if the witness has answered, you should still stand to object. Making your objection quickly is essential. Objecting too late means that the jury will have already heard the witness.
“Objection, Your Honor. Leading question. ” “Objection. Hearsay. ” You don’t have to say “Your Honor” for every objection, but you should for some. The judge might also ask for lawyers to approach for a sidebar if the judge needs more information.
You might feel nervous. However, the more you talk in the court, the more comfortable you will feel. Avoid becoming angry. You want to sound forceful yet respectful.
At the sidebar, both lawyers huddle with the judge. You can then go into greater detail why you think the question was improper. For example, the question might ask for privileged information the witness revealed to a lawyer or clergy member. You might need to give a four or five sentence explanation of why the communication was privileged. Don’t abuse sidebars. You don’t need a sidebar for every objection, and you shouldn’t request one simply because the judge ruled against you.
“Overruled” or “Objection overruled. ” “Sustained” or “Objection sustained. ” If the witness has already answered before you object, the judge will instruct the jury to disregard the witness’ answer if your objection is sustained.
It’s always important to object. On appeal, you can ask a higher court to review any mistakes the judge might have made. If you didn’t make an objection at trial, you lose the right to object on appeal. [4] X Research source This explains why you need to object even if the witness has just answered—you need to preserve the issue for appeal.
For example, “You saw the defendant with the knife?” is a leading question. By contrast, “Who did you see holding the knife?” is not. “You were driving under the speed limit?” is a leading question. By contrast, “How fast were you driving?” is not. A lawyer can ask leading questions on cross-examination, so don’t object if that is the case.
For example, “Did you pull into the gas station and fill up your tank with unleaded gas?” is compound. The lawyer should first ask, “What gas station did you go to?” and then ask, “What did you do there?”
For example, a witness might testify on direct that she saw someone crash into her mailbox. On cross-examination, the attorney cannot start asking questions about her own driving record, since that has nothing to do with her direct testimony.
Object by saying, “Objection, Your Honor. Relevance. ” Make sure the question truly isn’t relevant. Typically, a witness must lay a foundation for their testimony. For example, if a cop is testifying about pulling over a drunk driver, then he might testify as to when he started his shift. This testimony is relevant because it provides critical context. An expert witness also needs to prove they have expertise. Accordingly, a cop might need to talk about his training and experience.
Asked and answered. A lawyer should only ask a question once and accept the witness’ answer. If a lawyer asks the question again, you can object. You can use this objection on both direct and cross-examination. Object by saying, “Objection. Asked and answered. ” Badgering the witness. When a lawyer on cross-examination is being especially hostile, you should object. Always stand for this objection. Say, “Objection, Your Honor. Badgering the witness. ”
Assumes facts not in evidence. The lawyer might ask a question containing a fact no one has testified to. For example, “After you heard the second gunshot, what did you do?” is improper if the witness never testified they heard a second gunshot. Object by saying, “Objection, Your Honor. Assumes facts not in evidence. ” No foundation. A lawyer needs to establish certain facts before a witness can testify. For example, a witness needs to establish they were at a certain place and time before they testify as to what they saw. Also, a witness needs to establish what a document is before testifying as to its contents. When a witness just launches into their testimony without providing context, you should object. Object by saying, “Objection. Lack of foundation. ”
Often, hearsay slips out during a narrative answer or other inappropriate testimony. Accordingly, always raise an objection.
For example, a witness can testify that she saw someone driving erratically. However, a lawyer can’t ask, “Do you think the driver was drinking before they got in the car?” Unless the witness saw the driving drinking, she can’t speculate. By contrast, a witness may provide estimates based on their observation. A question like, “How tall did he look to you?” asks for the witness to guess since the witness didn’t have a measuring tape. However, this guess is based on personal observation and is therefore acceptable.
Here, the statement (what the mother said) is offered to prove what the white car did (go through a red light). The lawyer needs to call the mother as a witness to testify. Typically, hearsay occurs when someone testifies as to what another person told them outside of court. Listen for witnesses who say, “Someone told me” or “I heard from him that…. ” These are good signs they are about to offer hearsay. Some out-of-court statements are not considered hearsay. For example, any statement by the opposing party can be admitted into court. If you are suing someone, then a witness can testify as to what the defendant said. A witness can also testify about what you said. [7] X Research source
Unduly prejudicial statements. Testimony must be relevant. But its relevance also can’t be outweighed by its unfair prejudice. Unfairly prejudicial testimony often includes statements that a defendant has committed a crime or action before. Object by saying, “Objection, Your Honor. Unduly prejudicial. ” You may also need a sidebar to go into greater depth. Privileged statements. Every state recognizes the attorney-client privilege. This means statements made to a lawyer for the purposes of obtaining legal advice cannot be disclosed without the client’s consent. There may be other privileges, such as a clergy privilege or a marital privilege. Object when a lawyer tries to uncover privileged communications. Impermissible testimony of a lay witness. Unlike an expert witness, a lay witness can only testify as to what they observed first-hand. They also can’t offer opinions based on technical or specialized knowledge. [9] X Research source Object when lay witnesses are asked questions that should be asked of an expert.
