Raise objections

While the other side questions their witness, you can object to the questions (called raise an objection). You can object if the question or answer to the question isn't allowed by the rules that apply to court proceedings, called rules of evidence. 

Objections

You can object if you think the other side's evidence, witness testimony, or question should not be allowed. The rules for what is allowed in court are in the evidence code. If a judge agrees with your objection, the evidence or testimony won't be part of the official court record and can't be used to decide your case.

How to object

  • Stand up as a sign of respect to the court.

    It also makes it easier to see that you are objecting. If the judge does not want you to stand, the judge will say so, but to start out it is better to be too formal than not formal enough. 

  • Say “Objection,” and then state your objection clearly and concisely. 

    You can interrupt a witness, if necessary when raising your objection. Make your objection before the opposing side goes on to the next question. The judge may offer the other side the chance to respond to the objection. 

  • The judge will rule on the objection.

    The judge will usually say "sustained" or "overruled" to respond to your objection. If the judge says sustain, they agreed with your objection. If they say overruled, they disagreed with your objection. 

Common objections based on the form of the question

You use these objections when the form of the question is not allowed according to the evidence code. Form means the way the question is asked.

When to raise this objection: 

Raise this objection when the question doesn’t make sense, or you can’t reasonably determine what the question is asking. 

What to do if this objection is raised and sustained against you: 

Think very carefully about what you are asking the witness, and try to think of a clearer, simpler way of asking the question. 

When to raise this objection: 

When the question is really two or more questions, often joined by “and,” “or,” or another conjunction. Each question to the witness should be a single question. 

What to do if this objection is raised and sustained against you:

Re-phrase your question as two or more questions. 

When to raise this objection: 

Raise this objection when the person questioning the witness repeats a question or asks the same question that has been a different way even though it has already been answered. 

What to do if this objection is raised and sustained against you: 

Move on to a different question. 

When to raise this objection: 

This objection is raised when a question would require a long answer recounting multiple facts, or when a witness chooses to answer a question in such a way. 

What to do if this objection is raised and sustained against you: 

Break your question into multiple questions with smaller answers. 

When to raise this objection: 

Raise this objection when the opposing side asks a leading question during the direct examination of their witness. During direct examination, the questions asked should not suggest the answer. Because leading questions are permitted during cross-examination, you cannot raise this objection during cross examination. 

  • Example

    The question, "It is not your job to enter date, correct?" can only be answered with either a variation on "correct" or "incorrect," rather than anything more descriptive to show that the witness' job is not data entry.

What to do if this objection is raised and sustained against you: 

Re-phrase the question so that it does not suggest an answer. 

When to raise this objection: 

This objection is raised when opposing counsel asks a question based on the earlier testimony of the witness, and inaccurately quotes or summarizes the prior testimony in the question. 

What to do if this objection is raised and sustained against you: 

Rephrase the question to either accurate quote the testimony, or ask it in such a way that the quote or summary isn’t necessary. 

When to raise this objection: 

Raise this objection if the question being asked is overly hostile, or if it is really counsel making an argument rather than a question. 

What to do if this objection is raised and sustained against you: 

Rephrase the question so that it is not hostile and make sure that it asks a question. 

When to raise this objection: 

This objection is raised in opposing counsel asks a question based on facts that have not yet been introduced into the case. 

What to do if this objection is raised and sustained against you: 

Lay a better foundation, and introduce the necessary facts first. 

Common objections based on the answer

You use these objections when the answer the witness would give to the question is not allowed by the rules of evidence.

The principle of evidence:

In general, witnesses may only testify about what they have personally seen, heard, or otherwise observed.

When to raise this objection: 

Raise this objection when the witness testifies about something they did not personally observe. 

What to do if this objection is raised and sustained against you: 

If further testimony would show that the witness personally observed what the question is about, ask the questions to get testimony to show personal knowledge first, otherwise move on to a different question. 

The principle of evidence

A witness cannot testify about what someone else said if the purpose of the testimony is to prove the truth of what the other person said.

When to raise this objection: 

Raise this objection if the witness testifies about a statement made by a third party and the purpose of introducing the statement is to prove the truth of what the statement says. A witness could testify, for example, that they saw the light was green at the time of the accident, but not that another person said the light was green if the purpose of the testimony was to prove the light was green. Consider visiting your local law library to learn more about the hearsay rule and its many exceptions.

What to do if this objection is raised and sustained against you: 

If you are unable to show one of the exceptions to the hearsay rule apply, move on to a different question, and get the testimony from the witness who originally made the statement, if possible. 

The principle of evidence:

All evidence presented needs to prove or disprove one of the things that either side needs to establish to win their case. 

When to raise this objection: 

This objection is raised if the evidence being presented does not tend to prove or disprove one of the things that the other side must prove to win their case. 

What to do if this objection is raised and sustained against you: 

Move on to a different, relevant, question. 

The principle of evidence:

A witness must testify they have first-hand knowledge of something before that witness may testify about it. For example, you could only admit photographs into evidence if the witness recognizes the subject of the photograph, has first-hand knowledge of that subject, and testifies that the photograph accurately depicts it. 

When to raise this objection: 

Raise this objection when the facts necessary to admit evidence into the court have not yet been established. 

What to do if this objection is raised and sustained against you: 

Determine what is necessary to establish a foundation for the evidence and introduce that testimony first. Then you may re-ask your question.