Download Common Objections Nita.pdf and more Study notes Business in PDF only on Docsity! 1 Excerpted from Lubet, Modern Trial Advocacy (2nd Ed. 1997 NITA). See, in particular, Chapter 9 . SHORT LIST OF COMMON OBJECTIONS1 © 1999 NATIONAL INSTITUTE FOR TRIAL ADVOCACY OBJECTIONS TO THE FORM OF THE QUESTION SUBSTANTIVE OBJECTIONS 1. LEADING QUESTION (611): question suggests its own answer 2. COMPOUND QUESTION: contains 2 separate inquiries 3. VAGUE QUESTION: incomprehensible, incomplete, or answer will be ambiguous 4. ARGUMENTATIVE QUESTION: asks the witness to accept the examiner’s summary, inference, or conclusion rather than a fact 5. NARRATIVES: question calls for a narrative answer - answer does not allow opposing counsel to frame objections 6. ASKED AND ANSWERED: repeats the same question 7. ASSUMING FACTS NOT IN EVIDENCE: contains as a predicate a statement of fact not proven 8. NON-RESPONSIVE ANSWER: answer does not respond to the question MAKING AN OBJECTION 1. STAND 2. STATE THE GROUNDS (No speaking objections) 3. WAIT FOR A RESPONSE FROM THE JUDGE RESPONDING TO AN OBJECTION 1. REQUESTING ARGUMENT Politely let the judge know argument is necessary 2. LIMITED ADMISSIBILITY What is the precise purpose for admission 3. CONDITIONAL OFFER Production of additional evidence at a later point 4. NO RESPONSE Rephrase the question 1. HEARSAY (801(c)): statement, other than made by the declarant while testifying at trial, offered in evidence to prove the truth of the matter asserted Exceptions: Present sense impression (803(1)) Excited utterance (802(2)) State of mind (803(3)) Past recollection recorded (803(5)) Business records (803(6)) Reputation as to Character (803(21), 404 & 405) Prior testimony (804(b)(1)) Dying Declaration (804(b)(2)) Statement against interest (804(b)(3)) 2. RELEVANCE (401 & 402): does not make any fact of consequence more or less probable 3. UNFAIR PREJUDICE (403): Probative value is outweighed by the danger of unfair prejudice 4. IMPROPER CHARACTER EVIDENCE (404(a)(1)) generally, (609) conviction, (608(b)) untruthfulness, (608(a)) reputation: character evidence can’t be used to prove a person acted in conformity with his or her character 5. LACK OF PERSONAL KNOWLEDGE (602): Witnesses (other than experts) must testify from personal knowledge - sensory perception 6. IMPROPER LAY OPINION (701): lay witnesses can’t testify as to opinions, conclusions or inferences 7. SPECULATION: can’t be asked to speculate or guess 8. AUTHENTICITY (901): exhibits must be authenticated before they may be admitted 9. LACK OF FOUNDATION: lack of the predicate foundation for admissibility 10. BEST EVIDENCE (1001-1003): copies, or secondary evidence of writings, can not be admitted into evidence unless the absence of the original can be explained (duplicates that accurately reproduce the original are acceptable) 11. PRIVILEGE: excludes otherwise admissible evidence because of special relationship (attorney/client, doctor/patient, marital, clergy, etc.) 12. LIABILITY INSURANCE (411); SUBSEQUENT REMEDIAL MEASURES(407) & SETTLEMENT OFFERS (408): All are not admissible as proof of negligence or liability
