8/13/2019 Grounds for Objection DURING DIRECT EXAMINATION AND CROSS EXAM

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GROUNDS FOR OBJECTION

Proper reasons for objecting to a question asked to a witnes

sinclude:

Ambiguous, confus ing, misleading, vague, and unintel l igible: thequestion is not clear and precise enough for the witness to properlyanswer.

Argumentat ive:the question makes an argument rather than asking aquestion.

Asked and answ ered:when the same attorneycontinues to ask thesame question and they have already received an answer.

Assumes facts not in evidence:the question assumes something astrue for which no evidence has been shown.

Badger ing:counsel is antagonizing the witness in order to provoke aresponse, either by asking questions without giving the witness anopportunity to answer or by openly mocking the witness.

Best evidence rule:requires that the original source, if available,document should be entered into evidence. Full original documentshould be introduced into evidence instead of a copy, but judges oftenallow copies if there is no dispute about authenticity. Some documentsare exempt byhearsay rules of evidence.[2]

Beyond the scope:A question asked during cross-examination has tobe within the scope of direct, and so on.

Cal ls for aconc lus ion:the question asks for an opinion rather thanfacts.

Cal ls for sp eculat ion:the question asks the witness to guess theanswer rather than to rely on known facts.

Compound quest ion:multiple questions asked together.

Hearsay:the witness does not know the answer personally but heard itfrom another. However, there are several exceptions to the rule

againsthearsay.

Incompetent:the witness is not qualified to answer the question.

http://en.wikipedia.org/wiki/Argumentativehttp://en.wikipedia.org/wiki/Argumentativehttp://en.wikipedia.org/wiki/Best_evidence_rulehttp://en.wikipedia.org/wiki/Best_evidence_rulehttp://en.wikipedia.org/wiki/Hearsayhttp://en.wikipedia.org/wiki/List_of_objections_(law)#cite_note-fed_rules-2http://en.wikipedia.org/wiki/List_of_objections_(law)#cite_note-fed_rules-2http://en.wikipedia.org/wiki/Conclusion_of_lawhttp://en.wikipedia.org/wiki/Compound_questionhttp://en.wikipedia.org/wiki/Compound_questionhttp://en.wikipedia.org/wiki/Hearsay_in_United_States_lawhttp://en.wikipedia.org/wiki/Hearsayhttp://en.wikipedia.org/wiki/Hearsayhttp://en.wikipedia.org/wiki/Hearsay_in_United_States_lawhttp://en.wikipedia.org/wiki/Compound_questionhttp://en.wikipedia.org/wiki/Conclusion_of_lawhttp://en.wikipedia.org/wiki/List_of_objections_(law)#cite_note-fed_rules-2http://en.wikipedia.org/wiki/Hearsayhttp://en.wikipedia.org/wiki/Best_evidence_rulehttp://en.wikipedia.org/wiki/Argumentative

8/13/2019 Grounds for Objection DURING DIRECT EXAMINATION AND CROSS EXAM

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Inf lammatory:the question is intended to causeprejudice.

Leading quest ion(Direct examination only):the question suggeststhe answer to the witness. Leading questions are permitted if the

attorney conducting the examination has received permission to treatthe witness as ahostile witness.Leading questions are also permittedon cross-examination, as witnesses called by the opposing party arepresumed hostile.

Narrative:the question asks the witness to relate a story rather thanstate specific facts.

Privi lege:the witness may be protected by law from answering thequestion.

Irrelevantorimmater ial:the question is not about the issues in thetrial.

Counsel is test i fy ing:this is objection sometimes used when counselis leading or argumentative or assumes facts not in evidence.

Proper reasons for objecting to material evidenceinclude:

Lack of foundat ion:the evidence lacks testimony as to its authenticityor source.

Fruit of the poisonous tree:the evidence was obtained illegally, or theinvestigative methods leading to its discovery were illegal.

Best evidence rule orhearsay evidence:requires that the originalsource of evidence is required.

Proper reasons for objecting to a witness's answerinclude:

Narrative:the witness is relating a story in response to a question thatdoes not call for one.

Non-responsive:the witness's response constitutes an answer to a

question other than the one that was asked, or no answer at all.

Nothing pending:the witness continues to speak on matters irrelevantto the question.

http://en.wikipedia.org/wiki/Prejudicehttp://en.wikipedia.org/wiki/Leading_questionhttp://en.wikipedia.org/wiki/Leading_questionhttp://en.wikipedia.org/wiki/Hostile_witnesshttp://en.wikipedia.org/wiki/Privilege_(evidence)http://en.wikipedia.org/wiki/Privilege_(evidence)http://en.wikipedia.org/wiki/Relevance_(law)http://en.wikipedia.org/wiki/Relevance_(law)http://en.wikipedia.org/wiki/Materiality_(law)http://en.wikipedia.org/wiki/Materiality_(law)http://en.wikipedia.org/wiki/Materiality_(law)http://en.wikipedia.org/wiki/Foundation_(evidence)http://en.wikipedia.org/wiki/Fruit_of_the_poisonous_treehttp://en.wikipedia.org/wiki/Best_evidence_rulehttp://en.wikipedia.org/wiki/Foundation_(evidence)http://en.wikipedia.org/wiki/Foundation_(evidence)http://en.wikipedia.org/wiki/Best_evidence_rulehttp://en.wikipedia.org/wiki/Fruit_of_the_poisonous_treehttp://en.wikipedia.org/wiki/Foundation_(evidence)http://en.wikipedia.org/wiki/Materiality_(law)http://en.wikipedia.org/wiki/Relevance_(law)http://en.wikipedia.org/wiki/Privilege_(evidence)http://en.wikipedia.org/wiki/Hostile_witnesshttp://en.wikipedia.org/wiki/Leading_questionhttp://en.wikipedia.org/wiki/Prejudice