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INTRODUCTION
These are the established objections of the Court of the Commonwealth of Redmont that are established through court policy, unless otherwise codified within law. It is important that lawyers and any player who is objecting to a remark made by the opposing party or to a question posed to a witness, use this guide.
Objections are on a per matter issue. One Objection and one Counter is allowed per matter. Any new objections that are raised must be its own individual matter. Such as perjury in an objection or counter objection.
OBJECTIONS
The following objections are permitted:
HOW TO FILE AN OBJECTION
IF AN OBJECTION IS NOT FILED CORRECTLY THE PRESIDING JUDGE CAN DENY THE OBJECTION IMMEDIATELY!
ANSWER TO THE OBJECTION
The opposing party may answer the objection within 24 HOURS! The opposing party may answer to the objection without asking for permission from the presiding Judge.
These are the established objections of the Court of the Commonwealth of Redmont that are established through court policy, unless otherwise codified within law. It is important that lawyers and any player who is objecting to a remark made by the opposing party or to a question posed to a witness, use this guide.
Objections are on a per matter issue. One Objection and one Counter is allowed per matter. Any new objections that are raised must be its own individual matter. Such as perjury in an objection or counter objection.
OBJECTIONS
The following objections are permitted:
Objection | Definition | Exceptions | ||
Breach of Procedure | When a party in the case has breached court procedures and policy, or previous direction from the presiding Judge. | There are no general exceptions. | ||
Relevance | When a party has presented evidence that is not relevant to the case, or asks a witness a question that may not be relevant. | There are no general exceptions. | ||
Improper Evidence | When a party presents evidence that has not been properly collected, may be modified, or is in breach of usual procedure (i.e. new evidence presented in closing statements) | The presiding Judge may permit new evidence to be presented in closing statements, however it is generally not permitted. | ||
Speculation | When a witness is asked to testify about something they have not directly observed. Witnesses are only allowed to testify about their own direct experiences and thoughts. | Expert witnesses who testify to provide particular knowledge are usually given greater exemption from this objection. | ||
Hearsay | When a witness testifies about a statement made by another person, and uses contents of the statement to prove a fact true or false. | Hearsay is permitted if the statement in question is evidence of a person’s reputation or character, or is an admission by the opposing party. | ||
Perjury | When a witness has perjured themselves on the stand by lying or strongly misrepresenting facts on the stand (proof of perjury should be made with the objection). | There are no general exceptions. | ||
Asked and Answered | When a witness has already answered a question multiple times and the questioning party has repeatedly asked the witness the same question (perhaps with slight variations). | There are no general exceptions. | ||
Arguing with the Witness | When a party is being hostile towards a witness and or is arguing with their testimony. | The only exception is if the party believes the witness has committed perjury, in which they should motion to impeach the witness. | ||
Leading Questions | A leading question is a question that suggests the particular answer or contains the information the examiner is looking to have confirmed. |
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Compound Question | A compound question can be objected to by opposing counsel since it is confusing to the witness, who is entitled to answer each question separately. If the objection is sustained the question must be withdrawn and asked in a series of separate questions. | There are no general exceptions. | ||
Ambiguous | the question is not clear and precise enough for the witness to properly answer. | There are no general exceptions | ||
Calls for a conclusion | the question asks for an opinion rather than facts. | There are no general exceptions | ||
Non-responsive | the witness's response constitutes an answer to a question other than the one that was asked, or no answer at all. | There are no general exceptions. | ||
Narrative | the witness is relating a story in response to a question that does not call for one. | Not all witnesses' answers are susceptible to this objection, as questions can and often do call for a narrative response, especially on direct examination. | ||
Nothing pending | the witness continues to speak on matters irrelevant to the question. For example, an attorney who asks, "Did your mother call?" and gets the answer, "Yes, she called at 3:00," can object to the latter part. | There are no general exceptions. | ||
Incompetent | the witness is not qualified to answer the question. | There are no general exceptions. | ||
Assumes facts not in evidence | the question assumes something as true for which no evidence has been shown. | There are no general exceptions. | ||
Argumentative | the question makes an argument rather than asking a question. | There are no general exceptions. | ||
Foundation | the question relates to matters of which the witness's personal knowledge has not been established | If the other party proves or comes up with follow-up questions where the witness' personal knowledge has been established. | ||
Counsel is testifying | this objection is sometimes used when counsel is "leading" or "argumentative" or "assumes facts not in evidence". |
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Inflammatory | The question is intended to cause prejudice | There are no general exceptions | ||
Fruit of the poisonous tree | The evidence was obtained illegally, or the investigative methods leading to its discovery were illegal. | Can be circumvented; inevitable discovery | ||
Privilege | the witness may be protected by law from answering the question. | Depends on the situation, but in general no exceptions to this matter. | ||
Badgering | counsel is antagonizing the witness to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness. | No general exceptions |
HOW TO FILE AN OBJECTION
IF AN OBJECTION IS NOT FILED CORRECTLY THE PRESIDING JUDGE CAN DENY THE OBJECTION IMMEDIATELY!
OBJECTION
(what sort of objection)
(Reasoning)
(what sort of objection)
(Reasoning)
OBJECTION
LEADING
The Opposing side is giving the answer through the question: "You saw that man that night right?"
LEADING
The Opposing side is giving the answer through the question: "You saw that man that night right?"
ANSWER TO THE OBJECTION
The opposing party may answer the objection within 24 HOURS! The opposing party may answer to the objection without asking for permission from the presiding Judge.
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