Objections and Impeachment

Leading: This objection is raised when the question suggests the desired answer. It's typically only allowed during cross-examination, not direct examination. Example: "You were at the scene, weren’t you?"

Speculation (Improper Opinion or Conclusion): This objection is made when a witness is asked to guess or provide an opinion about something they don't have direct knowledge of. Example: "Do you think the defendant intended to commit the crime?" Witnesses can only testify to what they personally know or observed.

Facts Not in Evidence: This objection is made when the question or statement refers to facts that have not been introduced or proven in court. Example: "Based on what we know about the victim’s health," when the victim’s health has not been established as evidence.

Hearsay (Rule 801): Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It’s usually inadmissible unless it falls under one of the many exceptions. Example: "The neighbor told me that the defendant left the house at 10 PM."

Asked and Answered: This objection is made when a lawyer repeats a question that has already been answered. It prevents unnecessary repetition. Example: Repeatedly asking the witness, "What time did you arrive?"

Relevance (Rule 401): This objection is raised when the evidence or testimony has no direct bearing on the case and does not make any fact more or less probable. Example: Asking about someone’s favorite color in a murder trial.

Argumentative: This objection occurs when a lawyer is not asking a genuine question but instead arguing with the witness, trying to badger them into a particular answer. Example: "So, you expect us to believe you didn’t see the defendant?"

Non-Responsive: This objection is used when the witness does not answer the question posed or goes off-topic. Example: If the lawyer asks, "What time did you arrive?" and the witness responds by discussing what they had for breakfast.

Compound Question: A question that asks for more than one piece of information at a time, making it difficult to respond with a simple answer. Example: "Did you see the defendant and talk to him?"

Narrative: This objection is made when a witness is allowed to give a long, uninterrupted story rather than responding directly to specific questions. Example: "Tell us everything that happened on the night in question," may result in a narrative answer, which is objectionable.

AFTER WITNESS SAYS SOMETHING THAT CONTRADICTS THEIR AFFIDAVIT:

You wrote an affidavit before you came to court today?
In that affidavit you swore to tell the truth, right?
You'd recognize that affidavit if I showed it to you today, right?
Get affidavit and show to opposing counsel. Say “I’m showing opposing counsel a clean
and unmarked copy of the witnesses affidavit” as you do so.
Hand to witness
This is your affidavit that you wrote?
Say, “Please read along silently as I read aloud from lines XX through XX”.
Read the testimony that the witness contradicted.
Then say, “did I read that correctly?”
As long as the witness says “yes” in their answer to the previous question, just move on.

AFTER A WITNESS SAYS SOMETHING IMPORTANT THAT IS NOT IN THEIR AFFIDAVIT:

So it’s your testimony that “WHATEVER THEY JUST SAID IN COURT”
You wrote an affidavit before you came to court today?
In that affidavit you swore to tell the truth, right?
You were told to include ALL relevant details?
You'd recognize that affidavit if I showed it to you today, right?
Get affidavit and show to opposing counsel. Say “I’m showing opposing counsel a clean
and unmarked copy of the witnesses affidavit” as you do so.
Hand to witness
This is your affidavit that you wrote?
Say, “show me where in this affidavit you said [WHATEVER THE FACT THEY MADE UP
WAS]”
So to be clear, you did not write that fact in your sworn testimony?
As long as the witness says “yes” in their answer to the previous question, just move on.