In response, the lawyer asks the same question in a different way in the hopes to get a different answer. You'll often see lawyers struggling with their cross when they are getting a different answer than what they were expecting (or hoping for). Objecting to "asked and answered" usually occurs when your witness is on the stand and the opposing counsel is struggling on cross examination. Get ready to do some homework for this objection so you can bulletproof yourself! For example, you may find yourself arguing the Present Sense Impression exception or the Excited Utterance exception. On the flip side, if you're anticipating the other lawyer to make hearsay arguments against your client's evidence, then be sure to study up on your responses. And once they stumble through their (likely terrible) arguments, be prepared to make a killer response in support of your objection. Since a lot of lawyers are not comfortable with arguing hearsay, you can actually throw those lawyers off by making the hearsay objection. Here's a video that breaks this analysis down into 7 steps. Next, if you see an out-of-court statement being introduced into evidence, then your hearsay analysis should automatically kick in. Once you understand the definition of hearsay, then you can begin to understand the basics of hearsay ( check out this detailed post with examples and video). Here is a super helpful video that provides more clarity on hearsay's definition and the "truth of the matter asserted" concept. If you just scratched your head out of confusion, you're not alone. Hearsay is an out-of-court statement that is offered to prove the truth of the matter asserted. Otherwise, this post will triple in length. Given the complexities of hearsay, this post is only going to touch on a few things to consider. Hearsay is the objection that gives lawyers the biggest headache. This leading question goes towards the heart of the case and should be objected to. This innocent question would not be worth objecting to.Ĭontrast that with an instance when an attorney is asking “you saw the Plaintiff hit the Defendant, correct?” in a car wreck case. The rationale here is that some leading questions can be appropriate just to help speed the trial along.įor example, asking “you recognize this document, correct?” is a leading question that can be foundational to trying to get a document admitted into evidence. If, during direct examination, a lawyer asks a leading question regarding a foundational matter that is not particularly important, then it’s usually best to not object. However, there is one popular exception to keep in mind. The leading objection prevents this so that the witnesses are actually testifying. In essence, the lawyer would be the one testifying, not the witness. Remember, leading questions are usually prohibited (with some exceptions) during direct examination.īecause leading questions assume the answer within the question itself, lawyers could simply ask yes or no questions to their own witnesses on direct examination. "Objection, leading" is usually made when opposing counsel is asking leading questions during direct examination. Instead, you're basically arguing to the judge in the hopes that the jury ( i.e., your intended audience) is listening. Since the judge will likely know why you're making the objection, the judge is not the real audience for your speaking objection. However, if the judge tolerates speaking objections, then you can indirectly educate the jury why you’re making the objection. Some judges truly despise speaking objections because those objections can slow the case down and risk the jury hearing something that the jury shouldn’t hear. Meanwhile, a speaking objection goes a step further by saying something like, “Objection, this document is hearsay because it is being offered for the truth of the matter asserted and I’m unable to cross examine the declarant.” You should always get a sense of whether speaking objections will be allowed (or tolerated) by the judge.īoiled down, speaking objections occur when a lawyer provides their thoughts and an argument when making an objection.įor example, a non-speaking objection is simply “Objection, hearsay.” Judges prefer this.
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