Argumentative Question

• Library: Objections Guidebook (2022 Ed.)

Argumentative Question

Form of Objection

· The question is argumentative. [Insert details.] · Counsel is arguing with the witness. · Counsel is questioning the credibility of the witness.

General Rule

· A question is “argumentative” when it serves primarily to persuade the trier of fact, rather than to elicit information, as by calling for a witness to agree to a conclusion proposed by counsel, or to respond with a counterargument, or to admit or deny dishonorable or self-serving facts or motives. Argumentative questions and questioning are generally improper but may be allowed in the court’s discretion in cross-examination and with hostile witnesses.

· Note: Repetition of borderline argumentative phrases or challenges, initially permitted, may constitute “badgering.” Counsel...