Grounds for Objection DURING DIRECT EXAMINATION AND CROSS EXAM

GROUNDS FOR OBJECTION

Proper reasons for objecting to a question asked to a witnes s include: ’

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A m b i g u o u s ,  c o n f u s i n g ,  m i s l e a d i n g , v a g u e, a n d u n i n t e l l i g i b l e : the

question is not clear and precise enough for the witness to properly answer. 

A r g u m e n t a t i v e :  the question makes an argument rather than asking a

question. 

A s k e d a n d a n s w e r ed ed :  when the same attorney  continues  continues to ask the

same question and they have already received an answer. 

A s s u m e s f a c t s n o t i n ev ev i d e n c e:  the question assumes something as

true for which no evidence has been shown. 

B a d g e r i n g :  counsel is antagonizing the witness in order to provoke a

response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness. 

B e s t e v i d e n c e r u l e :  requires that the original source, if available,

document should be entered into evidence. Full original document should be introduced into evidence instead of a copy, but judges often allow copies if there is no dispute about authenticity. Some documents are exempt by hearsay by hearsay rules of evidence. evidence.[2] 

B e y o n d t h e s c o p e :  A question asked during cross-examination cross-examination has to

be within the scope of direct, and so on. 

C a l ls l s f o r a  c o n c l u s i o n   : the question asks for an opinion rather than

facts. 

C a l ls l s f o r s p e c u l a t i o n :  the question asks the witness to guess the

answer rather than to rely on known facts. 

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C o m p o u n d q u e s t io i o n :  multiple questions asked together. Hearsay  : the witness does not know the answer personally but heard it

from another. However, there are several exceptions to the rule against hearsay. against hearsay.

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I n c o m p e t e n t :  the witness is not qualified to answer the question.

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Inflammatory  : the question is intended to cause prejudice.

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L e a d in g q u e s t i o n  (Direct examination only): the question suggests

the answer to the witness. Leading questions are permitted if the attorney conducting the examination has received permission to treat the witness as a hostile witness. Leading questions are also permitted on cross-examination, as witnesses called by the opposing party are presumed hostile. 

Narrative  : the question asks the witness to relate a story rather than

state specific facts. 

P r i v i l e g e :  the witness may be protected by law from answering the

question. 

Irrelevant or i m m a t e r i a l   : the question is not about the issues in the

trial. 

Coun sel is testifying  : this is objection sometimes used when counsel

is “leading” or “argumentative” or “assumes facts not in evidence.”

Proper reasons for objecting to material evidence include: 

L a c k o f f o u n d a t i o n :   the evidence lacks testimony as to its authenticity

or source. 

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Fruit of the poisonous tree: the evidence was obtained illegally, or the investigative methods leading to its discovery were illegal. B e s t e v i d e n c e r u l e o r   h e a r s a y e v i d e n c e :   requires that the original

source of evidence is required. Proper reasons for objecting to a witness's answer   include: 

Narrative:   the witness is relating a story in response to a question that

does not call for one. 

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Non-responsive: the witness's response constitutes an answer to a question other than the one that was asked, or no answer at all. Nothing pending: the witness continues to speak on matters irrelevant to the question.