Objections

• Library: Evidence Guide 2003

Objections

Following is a list of common objections. The list is not intended to be exhaustive but is provided as a list of examples. See §103 of this publication for a discussion of the requirements for objections.

Argumentative question

• The question is argumentative
• Counsel is arguing with the witness

Best evidence

• Not the best evidence
• Insufficient foundation as to unavailability of original or preferred form of secondary proof

Calling for narrative answer or response

• The question calls for a narrative answer (response)

Calling and interrogation of witness by court

• Insufficient foundation as to why the opposing party cannot vouch for the witness’s veracity
• Irrelevant

Character Evidence (Relevance)

• Irrelevant
• Immaterial
• Insufficient foundation

Competency

• This person is not competent to be a witness because this person is underage and has not been shown to exhibit
• an understanding of . . .
• the capacity to . . .
• the mental capacity to . . .
• a memory sufficient to . . .
• This person is not competent to be a witness because this person:
• has been adjudicated mentally incompetent.
• is lawfully confined to a mental institution.
• This person is not competent to be a witness because this person lacks personal knowledge of the matter.
• This person is not competent to be a witness because this person is the judge presiding at the trial.
• This person is not competent to be a witness because this person is a juror for the trial.
• The evidence is incompetent because it was illegally obtained:
• without a warrant.
• by an unreasonable search.
• without giving the Miranda warning.

Demonstrative evidence

• The evidence is unduly inflammatory or unduly prejudicial.
• There is an insufficient foundation as to:
• the accuracy of the representation.
• the capacity of the evidence to aid the jury.
• The demonstration (or view) is not subject to adequate control.

Hearsay

• The question calls for hearsay.
• The answer contains hearsay (or multiple hearsay).

Hearsay exceptions

Admission by party-opponent

• (Party) Insufficient foundation as to attribution of statement to adverse party
• (One in privity with a party) Insufficient foundation to show that declarant was in material privity of interest with the party.
• (Co-conspirator) Insufficient foundation to show that there was a conspiracy or that the statement was in furtherance of a conspiracy.
• (Agent) Insufficient foundation to show that the statement was made in the ordinary course of business (or was in the scope of the agent’s...