John D’Esposito
Teaching American History Course
2009-2010

Use immediately after the offending statement or answer

Objection, your Honor, the question is ambiguous!
 It may be misunderstood by the witness
 It may take on more than 1 meaning
 “Was the light red or green when you went though it?”

Objection…Argumentative!
 It is asked for the purpose of persuading the jury or the judge, rather than to elicit information
 It calls for an argument in answer to the argument in the question
 It calls for no new facts, but asks the witness to concede to inferences drawn by the examiner
 “Don’t you agree that most people who tell a story like yours are liars?”

Objection… Asked and
Answered!
 The witness has already asked substantially the same question by the same attorney on the same subject matter
 “Where were you on June 27 th of this year?
 “On June 27 of this year, where were you?”

Objection… Assumes facts not in evidence!
 It presumes unproven facts to be true
 “When did you stop beating your wife?”
 This assumes that he is or has been beating his wife

Objection…the question is compound!
 It joins two or more questions ordinarily joined with the word
“or” or the word “and”
 “Is it true that you stole the item and that you work at
Burger King?

Objection… question is too broad, too general, or indefinite!!
 It allows the witness to respond with testimony which may be irrelevant or admissible.
 Each question should limit the witness to a specific answer on a specific question
 “How do you feel?”

Objection… hearsay!!
 Question invites the witness to offer an outof-court statement to prove the truth of some matter in court
 “What did Janie tell you at lunch?”
 There are many exceptions to the hearsay rule

Objection…irrelevant!
 It invites or causes the witness to give evidence not related to the facts at hand
 “Are you a Mets fan or a Yankee fan?”

Objection…leading!!
 It suggests to the witness the answer the examiner wants
 This is allowed on cross-examination or with witnesses the judges rules are hostile
 “The license plate of the getaway car was 4Y618, wasn’t it?”

Objection…misstates the evidence!
 It misstates or misquotes the testimony of a witness or any other evidence produced at a hearing or trial
 “In summary, the coroner has told you the victim was not killed by a gun shot.”

Objection…Speculative!
 It causes the witness to speculate or answer on the basis of conjecture
 “Why do you think
Louise decided to rob the bank that day?”