How To Handle Common Legal Objections

You're probably not seeking for information on typical court objections just to see what they're like. You're either representing yourself (or considering it) in a case, or you're a novice lawyer with limited trial experience.

You've probably seen a few sensationalized, Hollywood-style courtroom objections on television — or maybe observed a few real-life trial objections. And you're worried about how you'll deal with frequent objections in court when you go up against your opponent.

 

Why it's important to understand common court objections

Trials need the use of courtroom objections. Your lack of trial expertise may jeopardize your prospects of winning your case. You don't want to give your adversary in court carte blanche to present inadmissible evidence (or ask inappropriate questions of witnesses).

Furthermore, if you wish to provide genuine evidence or testimony to the judge or jury, but your opponent objects because you don't know how to manage typical objections in court, you'll never get the opportunity to do so.

It's as much a talent as it is an art to master typical objections in court. That is to say, you CAN learn how to:

• Determine whether to object to a witness' testimony and when to object to the opposing attorney's improper questioning.
• Address the judge properly and convey your arguments clearly, concisely, and accurately.
• When the court overrules an opposing attorney's objection, refocus your line of inquiry so that the jury may view and examine your testimony or evidence.
  
  

Typical objections in court

In court, these typical evidentiary objections are very certain to be raised. Overcoming attorney objections is very important. This list of objections will teach you how to object and when to object, as well as how to deal with opposing counsel's objections.

You'll be able to tell if your opponent is doing anything you don't like so you can protest quickly; and you'll be able to devise a plan to overcome the other attorney's objections (which the court will uphold) to these five typical objections.

 

Argumentative opposition

"Objection! Argumentative," you could believe the lawyer is accusing you of arguing. However, this is unlikely.

A legal phrase for "making conclusions" is argumentative. We'll call them an argumentative objection for the purpose of simplicity.

If you hear an argumentative objection, it suggests the questioner (attorney or self-represented party) is attempting to make a conclusion about what the evidence means rather than just asking for the facts of what happened.

It is up to the jury to determine whether any testimony or evidence is credible or compelling. Witnesses, attorneys, self-represented parties, defendants, and plaintiffs are only authorized to recount the facts during the case-in-chief (which includes questioning of witnesses) and not to form conclusions about the facts (until closing arguments). It's debatable to do so.

In most cases, a party's closing arguments are limited to "arguing" the facts of the case (i.e., drawing conclusions). Here you can find information about the fundamentals of a trial.

When questions delivered to the witness seek to sway the witness' testimony by incorporating the attorney's (or self-represented party's) interpretation of the facts into the inquiry, argumentative objections are frequently raised.

Calls for speculation is an objection

Speculation is a legal foundation for opposing to witness testimony on the same grounds as the argumentative objection – that the evidence is neither credible or factual. The evidence of a witness is restricted to their own knowledge of the events (estimating is allowed, but most opinions are not). It's far worse to speculate. It's the equivalent as guessing, therefore it's not allowed.

We wouldn't want a jury to make a decision based on a guess. One of the main purposes of evidence rules is to ensure a fair trial based on facts rather than supposition. Find out more about evidence rules (the backbone of evidentiary objections).

Non-expert lay witnesses may testify about their personal knowledge in a case. They are not, however, allowed to speak on issues about which they do not have firsthand knowledge.

When a party asks a witness to interpret someone else's state of mind, a typical cause for objections that call for speculation (or speculation objections) in court. Nobody has the ability to read the thoughts of others.

Objections based on facts that aren't proven

Foundation objections are closely connected to evidentiary objections, such as assuming facts not in evidence.

It is possible to object to a question that refers to a fact that has not yet been stated or accepted as evidence because it presume a fact that has not been proved.

Challenges to the foundation

As previously stated, foundation objections are connected to assertions of facts that are not in evidence.

When a party asks a question without demonstrating to the court why the witness is competent to answer the question, this is known as a lack of basis objection. Personal knowledge and acquaintance with the issue are examples of basic foundations that need to be established before the query is permitted.

When the examining attorney moves too quickly and does not ask preliminary questions to establish the witness' acquaintance with the facts, the examining attorney may fail to raise foundation concerns.

Non-answerable objection

When a witness does not react appropriately to questions posed under oath, the non-responsive objection is a regular one heard in court. When a witness skirts around your question, rambles on, or delivers testimony that goes outside the scope of what you asked them, using this evidentiary objection is critical.

It's crucial to make these types of judicial objections swiftly because the witness might say something damaging to your case accidently (or purposefully). You can have detrimental testimony struck from the record with a little finesse.

A non-responsive objection may look like this:

Attorney: When did you first meet Bozo, and how old were you at the time?

Witness: We've been friends since we were in clown school together. Many people are unaware that Bozo was quite the ladies' man...anyway, after his divorce, when he returned from his second tour in Afghanistan, I...

Objection from the Self-Represented Party Non-responsive.

Sustained, judge. Kindly respond to the inquiry, Mr. Pennywise.

Witness: What exactly are you talking about? What exactly was the issue?

Lawyer: Have you known Bozo for a long time?

I've known him since the day he won his third hog-wrestling championship in a row, and I can assure you that Bozo is not guilty of any of these allegations...

Objection from the Self-Represented Party Non-responsive.

Sustained, judge.

For both self-represented parties and seasoned attorneys, non-responsive witnesses can be a source of aggravation.

There are many more evidentiary objections to learn if you want to be your (or your client's) greatest advocate in court and maximize your chances of attaining the desired outcome at trial.