In the
law of the United States of America, an objection is a formal protest raised in
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
during a
trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
to disallow a
witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
's
testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
La ...
or other
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
in violation of the
rules of evidence
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of f ...
or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
then makes a
ruling
Rule or ruling may refer to:
Education
* Royal University of Law and Economics (RULE), a university in Cambodia
Human activity
* The exercise of political or personal control by someone with authority or power
* Business rule, a rule perta ...
on whether the objection is "''sustained''" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "''overruled''" (the judge disagrees with the objection and allows the question, testimony, or evidence). An
attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question.
Objections in general
An attorney may also raise an objection against a
judge's ruling, to preserve the right to
appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
that ruling. Under certain circumstances, a court may need to hold some kind of pretrial hearing and make evidentiary rulings to resolve important issues like
personal jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
, or whether to impose
sanctions for extreme
misconduct
Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misc ...
by parties or counsel. As with trials, a party or their counsel normally raises objections to evidence presented at the hearing in order to ask the court to disregard
impermissible evidence or argument, as well as to preserve such objections as a basis for
interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an iss ...
or final
appeals
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
from such rulings.
Objections are also commonly used in
depositions during the
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The Discover ...
process to preserve the right to exclude testimony from being considered as evidence in support of, or in opposition to, a later
motion
In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and mea ...
, such as a motion for
summary judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes ...
.
Exceptions
Historically, at trial, an attorney had to promptly take an "exception" (by saying "I except" followed by a reason) immediately after an objection was overruled in order to preserve it for appeal, or else the objection was permanently waived. In addition, at the end of the trial, the attorney had to submit a written "bill of exceptions" that listed all exceptions he intended to appeal on—which the judge then signed and sealed, making it part of the record to be reviewed on appeal.
The bill of exceptions was a relic of the early English practice in which parties submitted their pleadings orally (by reciting their allegations and pleas orally in open court) and the court ruled on those pleadings orally, and the court clerk recorded what had transpired in summary form in the written minutes of the court.
Early on, English trial courts developed the habit of evading appellate review of their rulings by having their clerks not record certain rulings which overruled or disallowed various issues raised by the parties.
Parliament solved that problem with the 31st chapter of the
Statute of Westminster 1285, which forced trial court judges to apply their court's seal to a party's written bill of exceptions and in turn allowed the bill to become part of the appellate record.
After modern American courts began to use
court reporters to create accurate, comprehensive, and verbatim written transcripts of their proceedings, lawyers and judges came to recognize that exceptions were unnecessary because the objection itself and the context of the surrounding record are all the appellate court really needs to resolve a disputed issue. Starting in the 1930s, exceptions were abolished in the
federal courts and in many
state courts as well. For example,
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
technically did not abolish exceptions, but merely rendered them superfluous by simply treating just about every ruling of the trial court as automatically excepted to. Thus, in nearly all U.S. courts, it is now sufficient that the objection was clearly made on the record.
Continuing objection
A continuing objection is an objection an attorney makes to a series of questions about a related point. A continuing objection may be made, in the
discretion
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it ...
of the court, to preserve an issue for appeal without distracting the
factfinder (whether jury or judge) with an objection to every question. A continuing objection is made where the objection itself is overruled, but the trial judge permits a silent continuing objection to that point so that there are fewer interruptions. An example of this is when a lawyer could be held negligent for not objecting to a particular line of questioning, yet has had previous objections overruled.
List of objections
Proper reasons for objecting to a question asked to a witness include:
* ''Ambiguous'', ''confusing'', ''misleading'', ''vague'', ''unintelligible'': the question is not clear and precise enough for the witness to properly answer.
* ''Arguing the law'': counsel is instructing the jury on the law.
* ''
Argumentative'': the question makes an argument rather than asking a question.
* ''Asked and answered'': when the same attorney continues to ask the same question and they have already received an answer. Usually seen after
direct examination
The direct examination or examination-in-chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the lawyer/side/party that called such witness in a trial. ...
, but not always.
* ''Asking a question unrelated to an intelligent exercise of a
peremptory challenge
In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by ...
or challenge for cause'': if opposing counsel asks such a question during
voir dire
(; often ; from an Anglo-Norman phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth ( la, verum dicere). This term is ...
(i.e. the jury selection process).
* ''Asks the jury to prejudge the evidence'': the jury cannot promise to vote a certain way, even if certain facts are proved.
* ''Assumes facts not in evidence'': the question assumes something as true for which no evidence has been shown.
* ''Badgering'': counsel is antagonizing the witness to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness.
* ''
Best evidence rule
The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obta ...
'': requires that the original source of evidence is required, if available; for example, rather than asking a witness about the contents of a document, the actual document should be entered into evidence. A full original document should be introduced into evidence instead of a copy, but judges often allow copies if there is no dispute about authenticity. Some documents are exempt from
hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmis ...
rules of evidence.
[Federal Rules of Evidence, December 1st 2009 ]
* ''Beyond the scope'': A question asked during cross-examination must be within the scope of direct, and so on.
* ''Calls for a
conclusion'': the question asks for an opinion rather than facts.
* ''Calls for speculation'': the question asks the witness to guess the answer rather than to rely on known facts.
* ''
Compound question'': multiple questions asked together.
* ''Counsel is testifying'': this objection is sometimes used when counsel is "leading" or "argumentative" or "assumes facts not in evidence".
* ''Foundation'': the question relates to matters of which the witness's personal knowledge has not been established
* ''
Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmis ...
'': An out of court statement used to prove the fact that the statement is being offered for. However, there are several exceptions to the rule against
hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmis ...
in most legal systems.
* ''Incompetent'': the witness is not qualified to answer the question.
* ''Inflammatory'': the question is intended to cause
prejudice
Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's per ...
.
* ''
Irrelevant'' or ''
immaterial
Immaterial may refer to:
* The opposite of matter, material, materialism, or materialistic
* Maya (illusion), a concept in all Indian religions, that all matter is a grand illusion
* Incorporeality
* Immaterialism, including subjective idealism ...
'': the question is not about the issues in the trial.
* ''
Leading question
In common law systems that rely on testimony by witnesses, a leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. The use of leading questions in court to elicit test ...
'' (direct examination only): the question suggests the answer to the witness. Leading questions are permitted if the attorney conducting the examination has received permission to treat the witness as a
hostile witness
A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called t ...
. Leading questions are also permitted on cross-examination, as witnesses called by the opposing party are presumed hostile.
* ''Misstates evidence / misquotes witness / improper characterization of evidence'': this objection is often overruled, but can be used to signal a problem to witness, judge and jury.
* ''Narrative'': the question asks the witness to relate a story rather than state specific facts. This objection is not always proper even when a question invites a narrative response, as
narrative testimony may be required or preferred due to the circumstances of the case.
* ''
Privilege'': the witness may be protected by law from answering the question.
A few of the foregoing objections may also apply to the witness's response, particularly hearsay, privilege, and relevance. An objection to form—to the wording of a question rather than its subject matter—is not itself a distinct objection reason, but a category that includes ambiguity, leading, compounding and others. Court rules vary as to whether an "objection to form," by itself, preserves the objection on the record or requires further specification.
Proper reasons for objecting to material evidence include:
* ''
Best evidence rule
The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obta ...
'' or ''
hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmis ...
'' evidence: requires that the original source of evidence is required, if available. However, some documents are
self-authenticating under Rule 902, such as (1) domestic public documents under seal, (2) domestic public documents not under seal, but bearing a signature of a public officer, (3) foreign public documents, (4) certified copies of public records, (5) official publications, (6) newspapers and periodicals, (7) trade inscriptions and the like, (8) acknowledged documents (i.e., by a notary public), (9) commercial paper and related documents, (10) presumptions under Acts of Congress, (11) certified domestic records of regularly conducted activity, (12) certified foreign records of regularly conducted activity.
* ''
Fruit of the poisonous tree
Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") ...
'': the evidence was obtained illegally, or the investigative methods leading to its discovery were illegal. Can be circumvented; see
inevitable discovery
* ''Incomplete'': opposing party only introducing part of the writing (conversation/act/declaration), taken out of context. Under the evidence rule providing for completeness, other parties can move to introduce additional parts.
If any documents are presented for review, the judge and other party are entitled to a complete copy, not a partial copy, of the document. When a witness is presented with a surprise document, he should be able to take time to study it before he can answer any questions.
* ''
Lack of foundation'': the evidence lacks testimony as to its authenticity or source.
* ''More prejudicial than probative'': Under Federal Rule of Evidence 403, a judge has the discretion to exclude evidence if "its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury."
Proper reasons for objecting to a witness's answer include, but are not limited to:
* ''Narrative'': the witness is relating a story in response to a question that does not call for one. Not all witnesses' answers are susceptible to this objection, as questions can and often do call for a narrative response, especially on direct examination.
* ''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 irrelevant to the question. For example, an attorney who asks, "Did your mother call?" and gets the answer, "Yes, ''she called at 3:00''," can object to the latter part. Attorneys can use this objection selectively (to avoid annoying the court) when a witness adds out-of-order remarks to answers.
Speaking objection
An objection that goes beyond stating a proper objection reason, as listed above, is known as a ''speaking objection''. Courts normally discourage speaking objections and may sanction them when they impede legal process, whether by delaying the proceedings or by adding non-evidentiary material to the record. The Federal Rules of Civil Procedure require objections during a deposition to be stated "concisely in a nonargumentative and nonsuggestive manner." Speaking objections nonetheless occur in practice and are sometimes used, with caution, to communicate the nature of the objection to a party without a legal background.
References
External links
"Objection"as defined in ''The People's Law Dictionary'' at Law.com
"Objection"as defined in ''
West
West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sunset, Sun sets on the Earth.
Etymology
The word "west" is a Germanic languages, German ...
's Encyclopedia of American Law'' at
Answers.com
Answers.com, formerly known as WikiAnswers, is an Internet-based knowledge exchange. The Answers.com domain name was purchased by entrepreneurs Bill Gross and Henrik Jones at idealab in 1996. The domain name was acquired by NetShepard and sub ...
"Trial Objections Cheat Sheet California"
{{DEFAULTSORT:Objection (Law)
American legal terminology
Legal procedure