QUE ES UNA OBJECION?

What is an Objection?
A protest about:
The form of a question
Material aspects of a question
Or the presentation of an exhibit
The rules exist for the purpose of assuring that the evidence admitted is clear,
relevant, and credible.
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Purpose of an Objection
Impede the presentation of testimony or exhibits
Or if unsuccessful…
That the objection be on the record for the purpose of review during an appeal.
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Common Objections to the Form of the Question
Suggestive Question – suggests the response:
“You liked the course, didn’t you?”
Compound Question – calls for more than one fact
“You went to the meeting and talked until the audience fell asleep?
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Common Objections to the Form of the Question
Assumes Facts not in Evidence
“After hearing the victim’s scream, how long was it before you responded?”
Trick Question
“When did you stop drinking tequila?”
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Common Objections to the Form of the Question
Ambiguous, Vague or Confusing
“Is today a good day?”
“Are oral trials the solution?”
Calls for Speculation
“If you were the president of the country, would all social ills be resolved?”
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Common Objections to the Form of the Question
Calls for a Narrative
“Mr. Gonzalez, tell us, what did you do during the second week of July, 2010?”
Argumentative
“Mr. Gonzalez, you are a liar, aren’t you?”
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Objections to a Material Aspect of the Question
The information called for is Not Relevant to the Case
The witness lacks personal knowledge of the facts
He wasn’t present, he didn’t see, he didn’t feel…
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Objections to a Material Aspect of the Question
The expert has not been recognized by the court
As an expert to testify about this material
Credentials not accepted
Call for an opinion or a conclusion
From a witness who is not an expert about an area outside of common knowledge.
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Objections to a Material Aspect of the Question
Calls for a response based on hearsay
Invites information obtained from persons who are not testifying
Right of Confrontation
“Tell us what your neighbor told you about what she saw that day.”
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Objections to a Material Aspect of the Question
“My neighbor says that she saw the defendant enter the victim’s house”
Asking the court to accept facts in the answer as true violates the right to confront
and cross examine witnesses.
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Objections to a Material Aspect of the Question
Repetitive
The witness has already answered the question (usually more than once)
Cumulative
Many witnesses are repeating the same testimony
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Objections to a Material Aspect of the Question
The exhibit has not been authenticated
It hasn’t been shown that the proof is true and original
Chain of Custody
Lack of Foundation
Photos, sketches must be accurate representations
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When should the objection be made?
BEFORE the witness responds, or the exhibit is admitted by the court. (If you’re
objecting to the answer, immediately afterwards.)
Form: “Objection” + Legal Reason
Be brief, but ready to explain in depth
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