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Objections

Think fast. Object fast.

What are objections?

Objections are used during a trial when an attorneys question or a witnesses testimony does not align with the rules of evidence, which establish what type of questions and information can be asked, as well as how a witness is allowed to reply. 

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For example, during direct examination (questioning your own witness), an attorney cannot ask a leading question, which is a question that directs a witness to an answer. The witness could be directed to a yes, a no, or to an answer that implies something, like the question “why did you feel so angry” implies that the witness felt angry, unless it is building off of a past question where the witness said that they felt “so angry”.

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If a leading question on a direct examination, the opposing cross attorney would be able to object to it. There are also other cases in which an attorney could object, like if a witness testifies beyond the scope of a question ex. If the question was “what time did you wake up” and the witness replies “I woke up at 6am, then made my bed, got dressed, brushed my teeth…” anything beyond the direct answer, “I got up at 6am” is beyond the scope of the question and can be objected to.'

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If an objection to testimony beyond the scope is sustained (“won” by the objecting attorney”) the attorney should always ask to strike any witness testimony from the record (Your Honor, motion to strike “_" from the record).

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Of course, there are many more objections than the ones mentioned above, all US federal objections can be found online, although for Mock Trial, each state uses a different variation of these objections, so make sure you are learning from your own states specific rules of evidence which will be provided with your case packed during a Mock Trial competition.

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​Why are Objections Important?​

In a real court, objections work to ensure a proper and fair trial. In Mock Trial, objections demonstrate knowledge of the rules of evidence to a judge, and help either the direct or cross attorney get the story they want from the witness by restricting what the witness can offer to a case.

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At first, objections can feel intimidating, especially because everything is happening quickly and you’re making them alone, but once you understand them, they become one of the most powerful tools you have as an attorney in mock trials.

Objections can

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  • Stop harmful testimony

  • Get what you want out of your witness

  • Prevent the opposing attorney from getting away with something they shouldn’t

  • Show that you understand the rules of trial

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These will all help you earn points in Mock Trial, so make sure to object!

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​How to Object​

Objecting is simple, but there are some things to avoid in order to remain calm and professional

Step by step process

  1. Stand up (unless instructed otherwise)

  2. Say “Objection, Your honor” clearly, confidently, and at a good volume

  3. Cite the rule, rule number, and reason for objecting for example

  • “Objection, Your honor, Attorney ___ is asking a leading question on a direct examination, which is prohibited by rule ___ (federally 611(c))

  • “Objection, Your honor, opposing counsel’s question “___” violates rule ___ because of ___”

  • “Objection, Your honor, according to rule __ the witnesses testimony beyond ___ goes further than the scope of the question”

  • Come up with your own saying you are comfortable with! I tend to use the third option, but try to vary it up to not sound robotic

  1. Wait for the judge and opposing councel to respond, 

  2. Respond if given the option to by the judge 

  3. Strike the testimony of the objections is sustained “Motion to strike ___”

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​What Happens Next?​

There are three paths after an objection:

  • Objection sustained: The question/testimony is not allowed (win)

  • Objection overruled: Poor objection or reasoning, the judge disagrees, and the questioning continues (loss)

  • Ask for explanation: The judge may ask you to further explain your reasoning or you many reply to the opposing councel response to your objection if they provide you with one

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Important Tips​

  • Speak at a good volume, don’t speak to softly or too loudly

  • Don’t over-explain the reason for objecting

  • Stand up quickly if you are able to, during your witnesses testimony, pull your chair out a bit and sit on the edge

  • Remain calm

  • Don’t argue with the judge if they overrule you

  • Sit down once the judge makes a decision

  • Don’t dwell on an overruled objection!!!​​

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​Special Cases​

Some judges don’t like objections. Usually, you can tell how they feel about objections pretty early on in a trial, so understand the judges style and save your objections for when you need them the most.​

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Common Objections​

​Hearsay
A witness repeats something someone else said in order to prove that it’s true, “an out of court statement being used in court for the TRUTH OF THE MATTER”. There are many hearsay exceptions, so check your own rules of evidence and learn those.

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Relevance
This is used when a question or statement does not relate to the case.
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Leading
Leading questions suggest an answer, like the examples from section one, they are not allowed during direct examination but are allowed during cross-examination. ​

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Speculation
A witness is guessing instead of stating facts they actually know, in other words, they testify beyond their knowledge
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Asked and Answered
The same question is repeated multiple times.​

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Examples​

Hearsay: “I heard from my friend that the defendant stole the car.”

  • The witness did not hear the statement directly

 

Leading direct: “You saw the defendant leave the house at 9 PM, correct?”

Fixed:

          Attorney - “Did you see the defendant leave the house”

         Witness - “Yes, I did”

          Attorney - “And, when was that”

         Witness - “9pm”
 

​Relevance: “What did you eat for breakfast that morning?”

  • Unless this is a very important fact, it is unnecessary

 

Speculation: “Why do you think the defendant decided to leave early?”

  • The witness doesn't know someone else’s thoughts

Asked and Answered: “Did you see the defendant that night?”
“Yes.”
“So you did see the defendant that night?”

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The question is being repeated to emphasize the same point.

 

Practice​

  • Try an objection quiz! (under the practice section of our website)

  • Listen to real trial or Mock Trials on youtube to hear objections in action, or pause the video and try to make your own

  • Memorize your rules of evidence!

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