Common Objections Used in US Courts

CaseFox/MatterSuite: Common Objections Used in US Courts

Fundamental Objections

1. Relevance Objections

  • Irrelevant: Evidence doesn't relate to the case

  • Materiality: Evidence doesn't affect substantial rights

  • Cumulative: Evidence repeats already admitted evidence

2. Form/Objection to Question

  • Argumentative: Question argues with witness

  • Asked and Answered: Same question already asked

  • Assumes Facts Not in Evidence: Question presumes unproven facts

  • Compound Question: Multiple questions in one

  • Confusing/Misleading: Question is unclear or confusing

  • Narrative: Question calls for long, uncontrolled story

  • Leading: Suggests answer (objectionable on direct)

  • Non-Responsive: Witness doesn't answer question asked

  • Vague: Question is unclear or ambiguous

  • Repetitive: Unnecessarily repeats same question

3. Competence/Reliability

  • Lack of Foundation: No basis for evidence/witness qualification

  • Lack of Personal Knowledge: Witness doesn't have direct knowledge

  • Speculation: Witness guessing without facts

  • Opinion: Lay witness giving improper opinion

  • Not Best Evidence: Original document not produced

  • Authentication: Document/witness not properly identified

Hearsay Objections

4. Hearsay (General)

  • Hearsay: Out-of-court statement offered for truth

  • Not Hearsay: Statement offered for other purposes

5. Hearsay Exceptions

  • Present Sense Impression: Statement describing current event

  • Excited Utterance: Statement under stress of exciting event

  • Then-Existing Mental/Physical Condition: Statement of current state

  • Statement for Medical Diagnosis: Medical history statements

  • Recorded Recollection: Past recollection recorded

  • Business Records: Regularly conducted activity records

  • Public Records: Government agency records

  • Learned Treatises: Published authority statements

  • Ancient Documents: Documents over 20 years old

  • Family Records: Family history statements

Character & Habit Evidence

6. Character Evidence

  • Character Evidence: Improper character trait evidence

  • Propensity Evidence: Suggests action based on character

  • Prior Bad Acts: Evidence of other wrongs

  • Specific Instances of Conduct: Isolated past behavior

7. Habit & Routine Practice

  • Habit: Regular response to specific situation

  • Routine Practice: Organization's regular procedure

Witness Competency & Credibility

8. Witness Qualifications

  • Lack of Personal Knowledge: No firsthand knowledge

  • Improper Expert: Witness not qualified as expert

  • Competency: Witness unable to testify truthfully

9. Credibility Attacks

  • Impeachment: Challenging witness credibility

  • Bias/Prejudice: Witness has partiality

  • Prior Inconsistent Statement: Contradicts earlier statement

  • Conviction of Crime: Prior criminal conviction

  • Specific Instances of Conduct: Past dishonest acts

  • Reputation for Truthfulness: Community opinion of honesty

  • Religious Beliefs: Improper use of religious views

Privilege Objections

10. Privileges

  • Attorney-Client: Confidential legal communications

  • Doctor-Patient: Medical treatment communications

  • Psychotherapist-Patient: Mental health communications

  • Spousal: Communications between spouses

  • Clergy-Penitent: Religious confession communications

  • Self-Incrimination: 5th Amendment protection

  • Executive Privilege: Government executive communications

  • Informant's Privilege: Protecting confidential informants

  • Journalist's Privilege: Protecting news sources

Documentary & Physical Evidence

11. Document Evidence

  • Best Evidence Rule: Requires original documents

  • Authentication: Proof document is genuine

  • Chain of Custody: Evidence handling documentation

  • Parol Evidence Rule: Limits extrinsic contract evidence

  • Complete Writing Rule: Requires full document context

12. Physical Evidence

  • Alteration: Evidence has been changed

  • Contamination: Evidence improperly handled

  • Prejudice Outweighs Probative Value: More prejudicial than useful

Procedural Objections

13. Trial Procedure

  • Beyond Scope: Exceeds cross-examination scope

  • Improper Rehabilitation: Bolstering credibility improperly

  • Jury Nullification: Encouraging jury to ignore law

  • Golden Rule Argument: Asking jury to put themselves in position

14. Evidence Presentation

  • Improper Bolstering: Enhancing credibility before attack

  • Curative Admissibility: Responding to improper evidence

  • Limited Admissibility: Evidence restricted to specific purpose

Constitutional & Legal Rights

15. Constitutional Objections

  • 4th Amendment: Illegal search and seizure

  • 5th Amendment: Self-incrimination protection

  • 6th Amendment: Confrontation Clause violation

  • Due Process: Fair procedure violation

  • Equal Protection: Discrimination in application

16. Statutory Objections

  • Statute of Limitations: Time limit expired

  • Jurisdictional: Court lacks authority

  • Standing: Party lacks legal right to sue

Expert Testimony

17. Expert Witness Objections

  • Daubert/Objection: Expert methodology unreliable

  • Frye Standard: Expert method not generally accepted

  • Qualifications: Witness not properly qualified

  • Ultimate Issue: Expert decides case outcome

  • Legal Conclusion: Expert states legal conclusion

Specific Evidence Types

18. Demonstrative Evidence

  • Unduly Prejudicial: More prejudicial than probative

  • Misleading: Creates false impression

  • Unfair Surprise: No prior disclosure

19. Photographs & Recordings

  • Gruesome/Inflammatory: Unnecessarily shocking

  • Altered/Doctored: Not accurate representation

  • Sound Recording: Poor quality or inaudible

20. Experimental Evidence

  • Not Substantially Similar: Conditions don't match

  • Unreliable Methodology: Flawed testing procedures

Closing Arguments

21. Argument Objections

  • Misstates Evidence: Incorrectly characterizes evidence

  • Misstates Law: Incorrect legal statements

  • Appeals to Passion/Prejudice: Emotional rather than factual

  • Personal Opinion: Lawyer gives personal views

  • Vouching: Lawyer guarantees witness truthfulness

  • Golden Rule: Asks jurors to put themselves in position

Common Objection Phrases

22. Frequently Used Objections

  • "Objection, foundation": No basis established

  • "Objection, calls for speculation": Witness must guess

  • "Objection, hearsay": Out-of-court statement

  • "Objection, leading": Suggests the answer

  • "Objection, relevance": Not related to case

  • "Objection, compound": Multiple questions

  • "Objection, assumes facts not in evidence": Presumes unproven facts

  • "Objection, best evidence": Original document required

  • "Objection, privilege": Protected communication

  • "Objection, beyond scope": Exceeds direct examination

Strategic Considerations

23. Timing & Strategy

  • Speaking Objection: Objection that suggests answer

  • Continuing Objection: Preserves issue for entire line

  • Motion to Strike: Remove improper evidence already heard

  • Motion in Limine: Pre-trial ruling on evidence

  • Offer of Proof: Preserves excluded evidence for appeal


Info

This comprehensive list covers the major objection categories used in US courtrooms. The specific objections available may vary by jurisdiction and the rules of evidence applicable in each court.



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