Objections and Impeachment

Leading

An objection raised when a question suggests the desired answer; typically allowed only during cross-examination.

Speculation

An objection made when a witness guesses or gives an opinion on something outside their direct knowledge.

Facts Not in Evidence

An objection when a question refers to facts that have not been introduced or proven in court.

Hearsay (Rule 801)

An out-of-court statement offered to prove the truth of the matter asserted; usually inadmissible unless an exception applies.

Asked and Answered

An objection made when a lawyer repeats a question that has already been answered.

Relevance (Rule 401)

An objection raised when evidence or testimony has no direct bearing on the case.

Argumentative

An objection occurring when a lawyer argues with the witness rather than asking a genuine question.

Non-Responsive

An objection used when a witness does not answer the posed question or goes off-topic.

Compound Question

A question that asks for more than one piece of information at a time, complicating the response.

Narrative

An objection made when a witness is allowed to give a long story instead of directly answering a specific question.

Affidavit

A written statement confirmed by oath or affirmation for use as evidence in court.

Contradiction in Affidavit

When a witness's statement in court conflicts with their previously sworn affidavit.

Impeach by Contradiction

1. You wrote an affidavit before you came to court today?

2. In that affidavit you swore to tell the truth, right?

3. You'd recognize that affidavit if I showed it to you today, right?

4. Get affidavit and show to opposing counsel. Say “I’m showing opposing counsel a clean

5. and unmarked copy of the witnesses affidavit” as you do so.

6. Hand to witness

7. This is your affidavit that you wrote?

8. Say, “Please read along silently as I read aloud from lines XX through XX”.

9. Read the testimony that the witness contradicted.

10. Then say, “did I read that correctly?”

11.  As long as the witness says “yes” in their answer to the previous question, just move on.

Impeach by Omission

1. So it’s your testimony that “WHATEVER THEY JUST SAID IN COURT”

2. You wrote an affidavit before you came to court today?

3. In that affidavit you swore to tell the truth, right?

4. You were told to include ALL relevant details?

5. You'd recognize that affidavit if I showed it to you today, right?

6. Get affidavit and show to opposing counsel. Say “I’m showing opposing counsel a clean

7. and unmarked copy of the witnesses affidavit” as you do so.

8. Hand to witness

9. This is your affidavit that you wrote?

10. Say, “show me where in this affidavit you said [WHATEVER THE FACT THEY MADE UP

11. WAS]”

12.  So to be clear, you did not write that fact in your sworn testimony?

13. As long as the witness says “yes” in their answer to the previous question, just move on.

Impeachment

Impeachment is when a witness states a fact during questioning that directly contradicts something in their statement or makes up a fact not present at all