Objections during Direct of Opposing Lawyer on their Witness Objections during Offer of Evidence
Objection to the format of the question of the lawyer Best Evidence Rule
◦ Relevance Parol Evidence Rule
◦ Foundation Failure to Authenticate
◦ Leading Question Relevance
◦ Hearsay
◦ Calls for a Narrative Response
◦ Outside the Scope of Re-Direct Objections to Evidence
◦ Calls for Speculation (guess)
◦ Calls for Opinion (personal statement and not relevant) DO I NEED TO OBJECT IN EVERY OBJECTIONABLE STATEMENT?
▪ Except
Expert Witness Objections
Relevance – any evidence that tends to prove and disprove a fact
Ordinary witness pertaining to
in issue
◦ identity of a person about whom he has
Foundation – the attorney has not laid down the proper
adequate knowledge
foundation of this question
◦ handwriting with sufficient familiarity
◦ who, what, when, where, how – that indicates that the
◦ mental sanity
witness can answer the question from the witness personal
◦ impressions of the emotion, behavior,
knowledge
condition or appearance of a person Personal Knowledge – witness has actually perceived what has
◦ Calls for Witness to Extrapolate
occurred
◦ Character Evidence ◦ based on senses of the witness
▪ Character of Accused Hearsay – an out of court statement offered for the truth of that
prove moral character but must be pertinent to statement
the moral trait involved in the offense charged ◦ Exceptions
▪ Character of Victim Leading Questions – questions that suggest an answer. Not
Rape Shield Rule allowed in direct.
◦ Past sexual conduct ◦ If the question is answerable by yes or no.
◦ Opinion of his/her reputation Argumentative – arguing with the answer of the witness
◦ Calls for Admission of Similar Acts as Evidence - Inter alios Ask and answered – used when the answer of the witness is
acta – Second Branch (previous acts) damaging and has already been answered previously
▪ except if used to prove a specific intent or knowledge, Compound questions
identity, plan, system, scheme, habit, custom or usage Non-responsive- the witness does not answer the question given
Objection on the answer of the witness by the lawyer
◦ Witness is narrating Outside the Scope of Re-direct – stay within the bounds of what
◦ Non responsive was asked during cross examination
Outside the Scope of Re-cross – stay within the bounds of what
Objections during Cross of Opposing Lawyer on our Witness was asked during re-direct
Objection to the format of the question Calls for speculation – asks for an answer not within the
◦ Relevance perception of the witness
◦ Foundation Witness is extrapolating – when witness is testifying on facts
◦ Argumentative outside the “facts”
◦ Lack of Personal Knowledge Character evidence
◦ Compound Questions Inter Alios Acta – Second Branch
◦ Outside the Scope of Re-Cross Inter Aliso Acta – First Branch
◦ Calls for Speculation (guess)
◦ Calls for Opinion (personal statement and not relevant)
▪ Except
Expert Witness
Ordinary witness pertaining to
◦ identity of a person about whom he has
adequate knowledge
◦ handwriting with sufficient familiarity
◦ mental sanity
◦ impressions of the emotion, behavior,
condition or appearance of a person
◦ Character Evidence
▪ Character of Victim
the moral character of victim may be proved if it
tends to establish the probability or improbability
of the offense charged
◦ Calls for Admission of Similar Acts as Evidence - Inter alios
acta – Second Branch (previous acts)
▪ except if used to prove a specific intent or knowledge,
identity, plan, system, scheme, habit, custom or usage
