ABOUT TUTORIALS ARTICLES MEMBERSHIP CONTACT

5 Common Objections in Court You Should

Master

00:59

/
ABOUT TUTORIALS ARTICLES MEMBERSHIP CONTACT

Chances are you are not looking for information on common objections in court out of
sheer curiosity. You are probably representing yourself in a lawsuit (or thinking about
it) — or you are a new attorney with little trial experience.

You've no doubt seen a few sensationalized, Hollywood-style courtroom objections on

television — or even witnessed a few trial objections in a real lawsuit. And you're
wondering if you'll be able to handle common objections in court when you face your
opponent.

Why You Should Learn Common Objections in

Court
Courtroom objections are an essential component of trial. Lack of experience with
courtroom objections could destroy your chances of winning your case. You don't
want to give your opponent in court free rein to introduce improper evidence (or ask
inappropriate questions of witnesses).

Plus, if you want introduce valid evidence or testimony — and your opponent keeps
objecting because you don't know how to handle common objections in court — you'll
never have the chance to introduce important evidence supporting your version of the
facts to the judge or jury.

Mastering common objections in court is as much a skill as it is an art. This means that
you CAN learn how to:

Identify when you should object to testimony from a witness and when you should
object to inappropriate questioning by the opposing attorney;
Properly address the judge and state your objections in a clear, concise and
accurate way;

Refocus your line of questioning when the judge sustains an objection from the
opposing attorney so you can get your testimony or evidence seen and considered
by the jury.

In this article, we'll provide a list of objections that you should try to master before
your trial date. And if your trial is tomorrow — you might want to pull an all-nighter.

/
 5 Types
ABOUT of Objections
TUTORIALS ARTICLES You’ll Likely
MEMBERSHIP Encounter
CONTACT

in Court
There is a high probability that you will encounter these five common evidentiary
objections in court. Reading through this list of objections will help you learn how and
when to object — and how to handle objections by the opposing attorney.

You'll be able to identify if your opponent is doing something objectionable — so

you can make a timely objection; and

You will be able to form a strategy to recover from the objections of the opposing
attorney (sustained by the judge) relating to these five common objections;
We also provide you with objections in court examples so you can think through the
process.

1. Objection: Argumentative
When you hear the words, "Objection! Argumentative," you might think it means the
attorney is accusing you of arguing. But that's likely not the case.

Argumentative is a legal term that means something similar to "drawing conclusions."

For the sake of simplicity, we'll refer to them as an argumentative objection.

That means if you hear an argumentative objection, the questioner (attorney or self-
represented party) is likely trying to offer a conclusion of what the evidence means
rather than simply asking for the facts of what actually happened.

It is the jury's responsibility to decide whether to believe or find any testimony or

evidence credible or persuasive. During the case-in-chief (includes questioning of
witnesses), the witnesses, attorneys, self-represented parties, defendants, and
plaintiffs are only allowed to recite the facts, not draw conclusions about the facts
(until closing arguments). To do so is argumentative.

Generally, a party in a lawsuit is only allowed to "argue" the facts of the case (i.e., draw
conclusions) in closing arguments. Learn about trial basics here.

Argumentative objections are often made when the questions directed to the witness
attempt to influence the witness' testimony by inserting the attorney's (or self-
represented party's) interpretation of the evidence into the question.

Sample Argumentative Objection

Here is an example of an argumentative objection to help you see how it might work
in a courtroom:

Attorney: How often did you get your brakes checked prior to the accident?
/
 Witness: Twice a week.
ABOUT TUTORIALS ARTICLES MEMBERSHIP CONTACT
Attorney: You expect this jury to believe that you got under your car, twice a week,
every week, to check your brakes?

Self-represented Party: Objection! Argumentative.

Judge: Sustained.

You'll notice the words: "You expect this jury to believe…." Those words tip you off that
the question is argumentative (and objectionable) because the attorney is stating
what the jury should be expected to believe about something. Plus, the attorney takes
the testimony beyond what the witness actually said.

The witness never said he got under the car twice a week — only that someone
checked the brakes twice a week.

If you'd like additional tips on how to identify questions that may be objectionable as
argumentative, you can check out Trial Objections 101: Making and Responding to
Objections.

2. Objection: Calls for Speculation

Speculation is a legal basis for objecting to witness testimony on grounds similar to

the argumentative objection — because the evidence is not considered reliable or
factual. A witness' testimony is limited to their personal knowledge of events
(estimating is allowed, but most opinions are not). Speculating is even worse. It's akin
to guessing — and it's not permitted.

We certainly wouldn't want a jury to decide a case based upon someone's guess.
That's a primary reason we have rules of evidence: to establish a fair trial that is based
on facts, not speculation. Learn more about rules of evidence (the backbone of
evidentiary objections).

Lay witnesses (i.e., non-experts) may testify as to their personal knowledge in a case.
But generally, they are not permitted to testify as to matters outside their first-hand
knowledge.

A common reason for objections that call for speculation (or speculation objections)
in court is when a party asks a witness to interpret someone else’s state of mind. No
one can read another's mind.

Sample Objection for Speculation #1

Here is a specific example of a speculation objection so you can see how it might
occur in a court of law:

/
 Witness: A man with a glorious ponytail came in and bought a newspaper with his
ABOUT TUTORIALS
credit card. ARTICLES MEMBERSHIP CONTACT

Attorney: Why did the man use his credit card instead of paying with cash?

Self-Represented Party: Objection. Calls for speculation.

Judge: Sustained.

Attorney: Why did the man have a ponytail?

Self-Represented Party: Objection, calls for speculation — and irrelevant.

Judge: Sustained. Counsel, move on.

Sometimes courtroom objections based on speculation can be overcome by

rewording a question, particularly in state of mind conclusions. A witness may not
testify to a state of mind, but they can testify to what they saw.

Sample Objection for Speculation #2

Here is a second example of a speculation objection where the party is able to reword
a question to get the desired testimony.

Self-Represented Party: Was the man with the ponytail thinking about killing the
cashier for not refunding his money?

Attorney: Objection! Calls for speculation.

Judge: Sustained.

Self-Represented Party: What did the man with the ponytail do when the cashier did
not refund his money for the newspaper?

Witness: His whole body tensed up, he slammed his fist on the counter, and raised his
voice saying, "I'm not going to forget your face."

3. Assumes Facts Not in Evidence Objections

Evidentiary objections such as assumes facts not in evidence are closely related to
foundation objections (which we will discuss in number 4).

If a question references a fact that has not yet been presented or accepted as
evidence, it can be objected to on that basis — because it assumes a fact that has not
been established.

Sample Assumes Facts Not in Evidence Objection

/
 Attorney: Where were you at the time of the accident?
ABOUT TUTORIALS ARTICLES MEMBERSHIP CONTACT
Witness: I was standing at the bus stop right near the southeast corner of the
intersection of Main Street and 7th Avenue.

Attorney: What did the driver of the black van throw out of the window?

Self-Represented Party: Objection. The question assumes facts not in evidence. And
it’s a leading question.

Judge: Sustained.

Here, there was no testimony prior to this question that: (1) there was a black van, (2)
the witness could see the driver, or that (3) the witness saw the driver throwing
something out of the window.

When you are questioning a witness and your opponent objects to your question
because it assumes facts not in evidence, it is usually a simple problem to fix.

We thoroughly discuss the solution in Trial Objections 101: Making and Responding to
Objections.

Plus, below, we've provided an example of one way to get back on track. See example
two of foundation objections (objections that are made because a question lacks
foundation).

4. Foundation Objections
As mentioned above, foundation objections are related to assumes facts not in
evidence objections.

A common lack of foundation objection occurs when a party asks a question, but has
not shown the court why the witness is qualified to answer the question. Basic
foundations that need to be established before the question is permissible might
include personal knowledge and familiarity with the topic.

Lack of foundation objections can occur when the examining attorney is going too
fast and not asking preliminary questions to demonstrate the witness’ familiarity with
the facts.

Example #1 of Foundation Objections

Here is a sample foundation objection dialogue that might happen at trial:

Attorney: Are you a tennis player?

Witness: Yes.
/
 Attorney: What percentage of a tennis ball is made of rubber?
ABOUT TUTORIALS ARTICLES MEMBERSHIP CONTACT
Self-Represented Party: Objection. Lacks foundation.

Judge: Sustained.

In this lack of foundation example, there was no prior testimony establishing that (1)
rubber is used in the production of tennis balls; or (2) that the witness has any
knowledge regarding the manufacturing or composition of tennis balls.

Why would he, based on what you have just read? All we know is that the witness hits
tennis balls — not manufactures them.

The attorney had not yet sufficiently laid a foundation for the question (in other words,
she was going too fast in her line of questions).

Example #2 of Foundation Objections

Now, let’s assume that the attorney resumes her line of questioning to lay a proper
foundation.

Attorney: Do you know what tennis balls are made of?

Witness: Yes.

Attorney: How do you know that?

Witness: Before retiring in April, I worked as a floor supervisor at a tennis ball factory
for 20 years.

Attorney: As part of your duties as a floor supervisor, were you involved in supervising
the manufacture of tennis balls?

Witness: Yes.

Attorney: Did you become familiar with the materials used to manufacture tennis
balls?

Witness: Yes.

Attorney: What materials are used to manufacture tennis balls?

Witness: Mainly rubber, with some wool.

Attorney: What percentage of a tennis ball is made of rubber?

Witness: I’d say about 85-90%.

/
 See how she slowed down. Asked the right questions. And laid the legal foundation to
ABOUT TUTORIALS
get the testimony ARTICLES
she needed in her case.MEMBERSHIP CONTACT

When your opponent objects for lack of foundation, DO NOT PANIC!

Just back up and ask the necessary foundational questions.

5. Objection Non-Responsive

The non-responsive objection is a common objection used in court when a witness is

not responding properly to questions asked under oath. Using this evidentiary
objection is crucial when you have a witness who skirts around your question, rambles
on and on, or gives testimony that goes beyond the scope of what you asked them.

It's critical to make these kinds of courtroom objections quickly because the witness
may inadvertently (or intentionally) say something that is harmful to your case.
Thankfully, with a little skill, you can have harmful testimony stricken from the record
— you can watch an example in Trial Objections 101.

Sample Non-Responsive Objection

Here is an example of a non-responsive objection:

Attorney: In what year did you meet Bozo?

Witness: We’ve known each other since we were students at clown school. A lot of
people don’t know that Bozo was quite the ladies’ man . . . anyway, when he got back
from his second tour in Afghanistan, after his divorce, I . . .

Self-Represented Party: Objection. Non-responsive.

Judge: Sustained. Mr. Pennywise, please answer the question.

Witness: Huh? What was the question?

Attorney: How long have you known Bozo?

Witness: 12 years . . . I’ve known him since the very day he won his third-straight hog-
wrestling contest, and I’m telling you, no way Bozo is guilty of any of these charges . . .

Self-Represented Party: Objection. Non-responsive.

Judge: Sustained.

Non-responsive witnesses can be a source of frustration for self-represented parties

as well as seasoned attorneys. There are ways to counteract these kinds of witnesses
which we discuss in Trial Objections 101.
/
 That concludes five common objections in court, but there are many more evidentiary
ABOUT TUTORIALS
objections ARTICLES
you'll want to study if you wantMEMBERSHIP
to be your (or your CONTACT
client's) best advocate in
court so you can increase the chances of getting the outcome you desire at trial.

Do You Know the Other 13 Common

Objections in Court?
Knowledge of five common objections is a great start.

But if you don't master (or at least begin to master) all of the common courtroom
objections, you will likely have difficulty proving your claims or defenses in court.

Without the ability to properly make (and respond to) objections at trial — you may not
have the chance to present significant facts and testimony to the judge and jury. Or,
the opposing party may destroy your case by taking advantage of your lack of
practical objection skills.

If you'd like to learn about 13 additional common courtroom objections that you will
likely face at trial (and how to handle them), like: hearsay, improper character
evidence, unfair prejudice, leading questions, badgering the witness, and more —
check out the video litigation tutorial — Trial Objections 101: Making and Responding
to Objections.

It's clear. Concise. Easy to understand. And includes HD video simulations of a self-
represented party who stands before the judge making and responding to objections
when necessary.

Nothing cements the basics of making solid objections in court like seeing the
objection process in action. You'll be growing in confidence as you internalize
objection skills and make them your own.

In the tutorial, you'll learn much more than how to make objections in court. The
courtroom objections course will provide the confidence you need to identify
objectionable testimony and other evidence, the insights to know when to object, and
ways to handle the objections of the opposing attorney.

You can read more about Trial Objections 101 here.

We hope you will master common trial objections for your day in court.

Learn more by following Legal Seagull on Facebook, Twitter, and subscribe to

the YouTube channel!

/
 Share
ABOUT TUTORIALS ARTICLES MEMBERSHIP CONTACT

Leave a comment

Name

Email

Message

POST COMMENT

Please note, comments must be approved before they are published

BACK TO ARTICLES

Tags
Evidence
Exhibits
hearsay
litigation
pro se (pro per)
represent yourself in court
Testimony
Trial
Witness

TH E SMALL PRINT /
Privacy Policy
ABOUT TUTORIALS ARTICLES MEMBERSHIP CONTACT
Disclaimer

Terms of Use

FOLLOW US

BE I N TH E KNOW
Promotions, new products and sales. Directly to your inbox.

Your email

© 2019, Legal Seagull LLC. All Rights Reserved.