Common Objections at Trial
Background
In an adversarial system, the defense attorney is responsible for making oral or written objections to evidence that the prosecutor offers at trial. A proper objection is both 1) timely and 2) specific enough that the judge can understand the grounds for the objection.
If a defense attorney fails to make a timely and specific objection, the trial court (and subsequent appeals courts) will have deemed the issue waived by the defendant. The rationale behind the theory of waiver is that a defense attorney's failure to object should be deemed strategic and a defense attorney should not be able to take "two bites" at a trial by intentionally failing to object to a piece of evidence and then raising the issue on appeals.
Defense attorney should object immediately after a prosecutor or judge asks a question. Do not wait until the answer has been given. If an answer is given which is objectionable, the defense attorney may request that the judge strike the answer from the record. In addition, the defense attorney should demand that the judge inform the jury to disregard the answer. If the error is particularly egregious, the defense attorney may ask the judge to declare a mistrial.
Certain errors are, however, considered non-waivable. In those cases, a subsequent appeals court has no choice but to reverse the case and remand for a new trial.
Grounds for objections may be found in either the evidence code or binding case law.
Objections to Questions
- Irrelevant - A proper question must make a consequential fact more or less probable. If the question would not elicit a consequential fact, it is irrelevant.
- Immaterial -
- Best Evidence Rule
- Privilege
- Conclusion
- Improper Opinion
- Hearsay
- Narrative Answer
- Leading
- Repetive
- Beyond the scope
- Assumes facts not in evidence
- Improper Characterization
