BHS Mock Trial Objections

Study common objections that you can use during a trial. Not all objections are on here as there is a very large amount of things that can be objected to. Please text any mistakes to 224-345-8569.

Leading — “Objection, your honor, leading.”

The question suggests the answer to the witness. Only for direct and redirect examinations.

Narrative (Attorney) — “Objection, your honor, calls for a narrative.”

Question asks the witness to relate a story rather than state specific facts.

Narrative (Witness) — “Objection, your honor, narrative.”

Witness is relating a story in response to a question that does not call for one, and/or provides a very long response to a question given.

[Format] Ambiguous — “Objection, your honor, ambiguous.”

The question asked is not clear or precise enough for the witness to properly answer. The question is confusing, misleading, vague, or unintelligible.

[Format] Compound Question — “Objection, your honor, compound question.”

Multiple question asked together.

[?] Argumentative — “Objection, your honor, argumentative.”

The question asked makes an argument rather than asking a question.

[Format] Asked and Answered — “Objection, your honor, asked and answered.”

Attorney continues to ask the same question though they have already received an answer.

[?] Assuming Facts Not in Evidence — “Objection, your honor, assumes facts not in evidence.”

The question assumes something as true for which no evidence has been shown.

[?] Beyond the Scope — “Objection, your honor, beyond the scope.”

Questioning must be within scope of previous corresponding examination. Only for cross, re-direct, and re-cross.

[Source] Lack of Personal Knowledge — “Objection, your honor, lack of personal knowledge.”

Witness does not have sufficient knowledge to answer the question asked.

[Source] Speculation (Attorney) — “Objection, your honor, calls for speculation.”

Question asks the witness to guess at the answer rather than rely on known facts.

[Source] Speculation (Witness) — “Objection, your honor, speculative.”

Witness guesses at the answer rather than relying on known facts.

[Source] Improper Opinion (Attorney) — “Objection, your honor, calls for opinion.”

Witness is asked to give an opinion that they are not qualified to state.

[Source] Improper Opinion (Witness) — “Objection, your honor, improper opinion.”

Witness gives an answer that they are not qualified to state. Is broader with expert witnesses but only what they are qualified to give opinions on.

[?] Legal Conclusion (Attorney) — “Objection, your honor, calls for legal conclusion.”

Lay witness is asked to testify to the nature of a law.

[?] Legal Conclusion (Witness) — “Objection, your honor, legal conclusion.”

Lay witness testifies to the nature of a law.

[?] Non-Responsive — “Objection, your honor, non-responsive.”

Witness's response constitutes an answer to a question other than the one that was asked or no answer at all. Can be called for while on your own direct, cross, etc. if witness is not answering correctly.

[?] Lack of Foundation — “Objection, your honor, lack of foundation.”

Proper foundation has not been laid for evidence to be introduced.

[Source] Hearsay (Attorney) — “Objection, your honor, calls for hearsay.”

Question asks the witness to provide an out-of-court statement used to prove the truth of the matter asserted.

[Source] Hearsay (Witness) — “Objection, your honor, hearsay.”

Witness provides an out-of-court statement used to prove the truth of the matter asserted.

[Purpose] Relevance — “Objection, your honor, relevance.”

Question is not about the issues in the trial and will not make any fact or facts more or less likely.

[Purpose] Improper Characterization — “Objection, your honor, improper characterization.”

Evidence of a person's character or a character trait cannot be used to prove that person acted in conformity with his or her character or character trait on a particular occasion.

[?] Improper Impeachment — “Objection, your honor, improper impeachment.”

Opposing counsel attempts to use improper and/or unfair evidence to discredit a witness.

[Purpose] More Prejudicial than Probative — “Objection, your honor, more prejudicial than probative.”

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Attorney Testifying — “Objection, your honor, attorney testifying.”

Opposing counsel gives a statement about a fact rather than the witness.

Failure to Show Evidence — “Objection, your honor, I have not seen this piece of evidence.”

Opposing counsel fails to show you evidence before proceeding with questioning about an exhibit.

Marked-Up Evidence — “Objection, your honor, this exhibit has been marked up.”

While looking at opposing counsel’s piece of evidence you see the exhibit has been marked up, such as being highlighted or having arrows drawn on it.

Badgering — “Objection, your honor, may you ask opposing counsel to (step back from the witness/stop cutting the witness off.)”

Counsel is antagonizing the witness in order to provoke a response. Things like not letting the witness finish their responses or getting in their face.