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OBJECTION:

Relevance

Testimony/Question not relevant to issues


in the case
The question suggests an answer desired
Leading Question
by the examiner on Direct Examination.
Ex: helps witness get to a
certain answer; many times yes Response: My question does not suggest
or no
an answer.
Counsel is asking the witness to speculate
Speculation
in order to answer the question.
Ex: Do you think .. ?
Would this have happened if ..
Response: The witness has actual
?
personal knowledge of the facts to which
Why do you think ?
he/she testified or asked to testify
Statement (written/oral) given outside
Hearsay
courtroom to prove matter asserted. If
Answer already given: I ask that the
statement be stricken from the record.
1. Statement by party to the case that is
Hearsay Exceptions
harmful to party (not hearsay)
2. To show declarants State of Mind
3. Declarant making Excited Utterance
4. Stmt made by witness at trial
Witness has no personal knowledge that
Lack of Personal
would enable him/her to answer this
Knowledge
question
Attorney argues or seems to be presenting
Argumentative
argument as questions
Unless an expert, witness cant give
Improper Opinion
opinion on matters requiring specialized
Ex: Why do you think ?
Do you think .?
knowledge.
If answer already given:
Witness can give opinion on what they saw
Ask it be stricken from the
and heard All witnesses may offer opinions
record
if based on common exp. of a regular
person and have 1st hand knowledge
Question didnt take info in small steps that
Lack of Foundation
make sense or build on ideas correctly
Asked and Answered Witness has already testified about this

Creating Facts Not


Found in the Record
Nonresponsive
Narrating

A witness is making up MATERIAL facts not


found in the affidavits. Be prepare to
explain why the facts they made up are
important. IMPEACHMENT BETTER.
Witness seems to be evading the answer
Witness is going beyond the question

Beyond of the scope


Improper Character
Testimony

Improper Religious
Testimony
Arguing Facts Not In
Evidence

asked; Question too broad


ReDirect -only about subjects brought up
on Cross; Recross only about subjects
brought up on ReDirect
No testimony or evidence of a persons
character is allowed UNLESS accused has
given test./evid. of his good character.
Witness reputation for truthfulness or prior
conduct that goes to witnesses credibility
(truth telling) is allowed.
Persons religious beliefs are not admissible
to show that witness is more/less
believable
Attorney is stating a fact that was never
brought up in any testimony or evidence.

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