Chapter 13

• Jurisdiction: New York

CHAPTER THIRTEEN

OBJECTIONS

OBJECTIONS§ 13.0

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[13.0] I.OBJECTIONS: OVERVIEW

Trials should be decided upon evidence that is reliable, relevant to the

issues in litigation, fair, and, occasionally, in consideration of overriding

social and political reasons—such as sexual assault cases—privileged

communications and policy concerns. The objection process, when done

with integrity, is meant to insure that these goals are met. However, some

attorneys might object to your questions simply to harass or upset you. If

that occurs, continue to maintain a professional attitude and do not try to

confront your adversary on his or her level.

The objection process also is a litigation skill. Trial attorneys must

develop an ability to immediately respond instinctively to perceived viola-

tions of an evidentiary rule. Frequently, an adversary will ask a question

that seems to violate some evidentiary rule which cannot be identified at

that moment. Nevertheless, the immediate, and probably correct, response

is to object and then hope that a reason for the objection materializes

before the judge rules.

If the judge sustains the objection without asking any questions, the

issue is resolved and nothing more must be said. If, however, the judge is

also unclear, and asks for the “grounds” for the objection, and none is

given, the objection probably will be overruled and the attorney register-

ing the objection sufficiently embarrassed because he or she cannot come

up with an appropriate reason.

One solution is to ask to approach the bench before responding to the

court’s question. This may minimize the embarrassment by insuring that

the fact that there is no articulable basis for the objection goes unseen by

the jury since it is disclosed at the sidebar conference.

This chapter is meant to save attorneys that embarrassment and provide

some guidance for the objection process. It includes some preliminary

issues that should be considered before objections are made; the proper,

accepted procedure for making objections; a list of some frequently used

form and substance objections with explanations for each one, which

should be given to the court when the objection is made; and the proce-

dures for motions to strike when an objection is sustained by the court.

[13.1] II. PRELIMINARY ISSUES

Knowing when and how to make and respond to objections are critical

for any litigator. Nevertheless, some attorneys express objections poorly.