Trial Objections - Procedures, strategies, and the 18 most common courtroom objections.

Trial Skills, Evidence, & Basic Trial Procedure

13 Mar 202240:50

EducationalLearning

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TLDRIn this informative video, former trial court judge Mark Curry shares essential trial objection skills for lawyers. He outlines the importance of objections in maintaining procedural integrity and preserving issues for appellate review. Curry discusses the most common objections, their legal grounds, and offers practical tips for making and responding to objections effectively, drawing from his extensive courtroom experience.

Takeaways

👨‍⚖️ The video is presented by Mark Curry, a former trial court judge with over 34 years of experience, focusing on the importance of trial objections for lawyers.
📚 The content is a summary of Curry's 'Practical Trial Handbook', providing an overview of basic rules and strategies for trial practice, not legal advice.
🚨 A trial objection is a procedural device to notify the court of an issue or complaint, serving to keep opponents following the rules and preserve issues for appellate review.
📝 Objections must be timely and specific, stating the proper legal grounds to avoid being overruled without consideration.
👀 It's crucial for lawyers to pay attention and object instantly to prevent inadmissible evidence from being presented to the court.
📋 A 'cheat sheet' of common objections and exceptions should be readily available for quick reference during trials.
❗️ Failing to object or making an improper objection can result in forfeiture of the issue on appeal, losing the chance for it to be reviewed.
💡 Trial tactics include requesting a sidebar for important issues to argue away from the jury, and being mindful of how objections may be perceived by the jury.
🙅‍♂️ There are reasons not to object, such as when the issue is minor or the objection could annoy the court or jury, potentially harming one's case.
🔍 The script covers 18 common trial objections, ranging from relevance and leading questions to hearsay and character evidence, emphasizing the need for lawyers to understand and be prepared to respond to these in court.

Q & A

What is the primary purpose of making trial objections?
-The primary purpose of making trial objections is twofold: to keep your opponent in line and playing by the rules, and to preserve the issue for a later appellate review.
Why is it important to have a cheat sheet with common objections during a trial?
-Having a cheat sheet with common objections is important because it allows attorneys to quickly reference and make objections during the trial, ensuring they can respond promptly and effectively to any procedural issues that arise.
What are the two main procedural requirements for making a trial objection?
-The two main procedural requirements for making a trial objection are that the objection must be timely, meaning it must be made at the time of the infraction, and specific, meaning the attorney must state the grounds and the proper legal grounds for the objection.
What should an attorney do if the judge grants their objection on hearsay grounds but the witness has already answered the question?
-If the judge grants the objection on hearsay grounds but the witness has already answered, the attorney should make a motion to strike the answer, assuming the witness has answered.
Why is it important to make a motion to strike in addition to an objection?
-Making a motion to strike in addition to an objection is important because it formally requests the court to remove the inadmissible evidence from the record, which is crucial for preserving the issue for appeal and preventing forfeiture of the right to appeal.
What is a standing or continuing objection, and why might an attorney use it?
-A standing or continuing objection is a type of objection where the attorney requests the judge to note that they do not have to object repeatedly on the same issue throughout the trial. This is used to preserve the issue for appellate review without having to object every time the issue is introduced or revisited.
Why should an attorney be cautious about objecting to every minor issue during a trial?
-An attorney should be cautious about objecting to every minor issue during a trial because it can be perceived as obstructionist by the court and the jury, potentially leading to a negative impression of the attorney's professionalism and the case they are presenting.
What is the most common objection made in a courtroom, and what does it involve?
-The most common objection made in a courtroom is relevance. Relevance involves objecting to evidence that does not have a tendency to make a fact more or less probable than it would be without the evidence, or the fact is not of consequence in determining the action.
What is a leading question, and when is it generally objectionable during a trial?
-A leading question is a question that suggests the answer or guides the witness towards a specific response. It is generally objectionable during direct examination, as it is generally prohibited, but can be appropriate during cross-examination or for non-contested issues.
Why is it important for an attorney to be prepared to respond to objections made by opposing counsel?
-It is important for an attorney to be prepared to respond to objections made by opposing counsel because understanding the exceptions to the rules or when it is permitted to admit certain evidence allows them to effectively counter the objection and ensure that relevant evidence is not unfairly excluded from the trial.

Outlines

00:00

👨‍⚖️ Introduction to Trial Objections

Mark Curry, a former trial court judge with over 34 years of experience, introduces the topic of trial objections, emphasizing their importance for lawyers in hearings and trials. He outlines the video's content, which includes common trial objections, tactics for making and responding to them, and his personal trial tips. Curry clarifies that the video is a summary of his 'Practical Trial Handbook' and is not legal advice, urging viewers to confirm the applicability of the rules and strategies in their jurisdiction.

05:02

📚 Trial Objections Overview and Procedure

The video segment explains the concept of a trial objection as a procedural device to alert the court about an issue or complaint. It serves to keep opponents following the rules and to preserve issues for appellate review. Curry provides a trial tip for having a 'cheat sheet' of common objections for quick reference. The procedural aspects of making objections are discussed, including the necessity for them to be timely and specific, and the potential need for a motion to strike if the judge grants the objection.

10:04

🚨 Understanding and Responding to Trial Objections

This paragraph delves into the consequences of failing to make a motion to strike and the importance of requesting the court to admonish the jury to disregard certain answers. It also covers the judge's potential responses to objections, such as summarily overruling without argument or allowing a sidebar discussion. Curry provides a trial tip on recognizing hints for missed correct objections and introduces the concept of standing or continuing objections to preserve issues for appeal.

15:05

🤔 Reasons Not to Object and the Impact on Perception

Curry discusses the strategic choice of when not to object, especially in cases of minor issues that could annoy the court or jury. He advises being mindful of how objections may be perceived and suggests initially objecting to set the tone for the trial. The segment also covers the importance of committing to memory or having a cheat sheet of common objections for quick response during fast-paced testimonies.

20:05

🔍 Common Trial Objections and Their Applications

The speaker lists and explains the 18 most common trial objections, such as relevance, vague and ambiguous questions, speculation, and leading questions. He emphasizes the importance of objecting before the answer is given to avoid prejudicing the jury. Each objection is contextualized with examples and trial tips for both making and responding to objections in a courtroom setting.

25:06

📝 The Importance of Foundation and Personal Knowledge

Curry highlights the necessity of establishing a foundation for evidence, such as authentication or personal knowledge of a witness, before it is admissible. He points out common mistakes in objecting due to a lack of foundation and stresses the importance of specifying the missing foundational element in the objection.

30:07

🚫 Addressing Non-Responsive and Hearsay Objections

This section addresses the objections of non-responsive answers and hearsay, explaining the importance of objecting before the witness answers to prevent jurors from hearing potentially prejudicial information. The speaker provides a cheat sheet for hearsay objections and emphasizes the need to be prepared to identify and respond to hearsay during a trial.

35:09

🤨 Improper Lay Opinion and Assuming Facts Not in Evidence

The paragraph covers the objection of improper lay opinion, where a witness gives an opinion beyond their expertise or based on speculation. It also discusses the objection of assuming facts not in evidence, where a question presumes information that has not been established, and the connection between these objections and personal knowledge.

40:10

❌ Misstates Evidence, Argumentative Questions, and Narrative Objections

Curry explains the objections for when an attorney misstates the evidence, asks argumentative questions, or allows a witness to provide a narrative instead of concise answers. He advises on the appropriate responses and the importance of keeping examinations on track and avoiding leading questions on cross-examination.

🚫 Undue Prejudice, Character Evidence, and Beyond the Scope

The final common objections discussed include undue prejudice, where evidence may be excluded due to its potentially damaging nature, character evidence, which has strict rules for admissibility, and questions beyond the scope of direct examination. The speaker provides trial tips for handling these objections and emphasizes the importance of understanding the rules and exceptions.

📘 Conclusion and Promoting 'The Practical Trial Handbook'

In conclusion, Curry summarizes the importance of understanding trial objections for competent legal representation in court. He promotes his 'Practical Trial Handbook' as a comprehensive guide for trial lawyers, law students, and anyone involved in litigation, highlighting its practical advice and foundational knowledge for the courtroom.

Mindmap

Keywords

💡Trial Objections

Trial objections are procedural devices used in court to notify the judge of an issue or complaint regarding the proceedings. They are essential for keeping the opposing party in line with the rules and preserving issues for appellate review. In the video, Mark Curry discusses the importance of making timely and specific objections during a trial, emphasizing their role in maintaining procedural integrity and ensuring fairness.

💡Hearsay

Hearsay refers to an out-of-court statement being offered as evidence to prove the truth of the matter asserted. It is generally inadmissible in court due to concerns about its reliability. The script highlights the need for attorneys to be alert to hearsay issues during testimony and to object before such evidence is presented to the jury, as allowing hearsay could prejudice the case.

💡Relevance

Relevance is a fundamental concept in evidence law, where evidence is considered relevant if it makes a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action. The script notes that relevance is the most common objection in courtrooms, used to exclude evidence that does not contribute to the resolution of the case.

💡Leading Questions

Leading questions are those that suggest to the witness the answer the attorney wants to elicit. While generally prohibited during direct examination, they may be permissible for non-contested issues or during cross-examination. The video emphasizes the importance of objecting to leading questions when they pertain to contested issues to ensure the witness provides unbiased testimony.

💡Foundation

Lack of foundation refers to the absence of necessary preliminary evidence required to make other evidence admissible. For example, authentication is a foundational requirement for introducing certain evidence. The script mentions the importance of establishing a proper foundation to ensure the evidence presented is admissible and reliable.

💡Personal Knowledge

Personal knowledge is a requirement for a witness's testimony to be admissible; the witness must have directly perceived the events or facts they are testifying about. The video script discusses the importance of objecting when a witness lacks personal knowledge, as their testimony would not be based on firsthand experience.

💡Non-Responsive

A non-responsive answer occurs when a witness fails to answer the question posed to them, often by providing additional unsolicited information. The script advises being alert for non-responsive answers during cross-examination and using the non-responsive objection to keep the testimony focused and relevant.

💡Compound Question

A compound question is one that contains two or more questions, which can confuse the witness and lead to unclear answers. The video script suggests that attorneys should object to compound questions to ensure that each piece of information is addressed distinctly and clearly.

💡Standing Objection

A standing or continuing objection is a procedural mechanism where an attorney objects once to a particular line of questioning or type of evidence, and the judge acknowledges this for the record. This means the attorney does not need to object repeatedly to the same issue, saving time and preserving the issue for appeal. The script explains the tactical use of standing objections in managing the flow of a trial.

💡Undue Prejudice

Undue prejudice refers to evidence that may be relevant but is so inflammatory or prejudicial that its probative value is outweighed by the risk of unfair bias against a party. The script mentions that while it is less common during the trial itself, attorneys should be prepared to make or respond to undue prejudice objections, particularly when character evidence is at issue.

💡Scope of Examination

The scope of examination pertains to the range of topics that are permissible during cross-examination. Generally, it is limited to the scope of the direct examination, but there is leeway for exploring issues related to witness credibility. The video script notes that objections like 'beyond the scope' can be used when the cross-examiner ventures into unrelated areas, potentially confusing the jury or straying from the case's core issues.

Highlights

Mark Curry, a former trial court judge, shares over 34 years of experience on trial objections.

Introduction to the importance of trial objections for lawyers to either make or respond to them in hearings or trials.

A caution about the video's content being a summary of Curry's 'Practical Trial Handbook' and not legal advice.

The distinction between pretrial objections and trial objections made during ongoing testimony.

Two main purposes of trial objections: keeping opponents within the rules and preserving issues for appellate review.

Trial tip: Have a cheat sheet with common objections and hearsay exceptions for quick reference.

Procedures for making trial objections must be timely and specific to be effective.

The necessity of making a motion to strike if the judge grants the objection on hearsay grounds.

Tactical considerations when deciding whether to request the court to admonish the jury to disregard certain evidence.

Judges may summarily overrule objections without argument, especially for minor issues.

The option to request a sidebar or an evidentiary hearing outside the jury's presence for significant issues.

Standing or continuing objections allow for efficiency in the courtroom without repeated objections on the same issue.

Caution against over-objecting on minor issues to avoid being perceived as an obstructionist by the court and jury.

The 18 most common trial objections are detailed, ranked by frequency of occurrence.

Relevance is the most common objection, requiring evidence to make a fact more probable and of consequence.

Vague and ambiguous questions are improper and can be objected to for clarity.

Speculation objections are made when a witness is asked to guess or provide an answer based on conjecture.

Leading questions are generally prohibited during direct examination but can be used for non-contested issues.

Lack of foundation objections are made when foundational requirements like authentication are not fulfilled.

Personal knowledge is a must for lay witnesses, and lack of it can be objected to in court.

Non-responsive objections are made when a witness fails to answer a question as asked.

Hearsay objections are critical when a statement is being offered for the truth of the matter asserted.

Improper lay opinion objections occur when a witness provides an opinion beyond their personal perception.

Assumes facts not in evidence objections are made when questions assume facts that haven't been established.

Misstates the evidence objections are used when an attorney inaccurately represents what a witness has said.

Argumentative questions are not genuine inquiries and can be objected to for their inflammatory nature.

Narrative objections are used to prevent witnesses from rambling off-topic during direct examination.

Asked and answered objections prevent repetitive questioning meant to emphasize a point to the jury.

Undue prejudice objections are rare but can be used to exclude highly prejudicial evidence even if it is relevant.

Improper character evidence objections are made when character is used inappropriately against a party or witness.

Beyond the scope objections are used to limit cross-examination to the topics covered in direct examination.

Curry's 'Practical Trial Handbook' is recommended for a comprehensive guide to trial practice.

Transcripts

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