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.