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    Common Objections in Court

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    Sharika Cantago-Sumingcan
    This document outlines the examination process of witnesses in court. It discusses direct examination, cross-examination, re-direct examination, and re-cross examination. Direct examination involves questioning witnesses presented by the examining party. Cross-examination allows the opposing party to question the witness on matters from direct examination. Re-direct examination permits the examining party to clarify answers from cross-examination. Re-cross examination allows further questioning by the opposing party on matters from re-direct examination. The document also lists common objections in court such as ambiguous questions, argumentative questions, asked and answered questions, and assumes facts not in evidence.

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    Common Objections in Court

    Uploaded by

    Sharika Cantago-Sumingcan
    352 views3 pages
    This document outlines the examination process of witnesses in court. It discusses direct examination, cross-examination, re-direct examination, and re-cross examination. Direct examination involves questioning witnesses presented by the examining party. Cross-examination allows the opposing party to question the witness on matters from direct examination. Re-direct examination permits the examining party to clarify answers from cross-examination. Re-cross examination allows further questioning by the opposing party on matters from re-direct examination. The document also lists common objections in court such as ambiguous questions, argumentative questions, asked and answered questions, and assumes facts not in evidence.

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    objections in court cases

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    This document outlines the examination process of witnesses in court. It discusses direct examination, cross-examination, re-direct examination, and re-cross examination. Direct examination involves questioning witnesses presented by the examining party. Cross-examination allows the opposing party to question the witness on matters from direct examination. Re-direct examination permits the examining party to clarify answers from cross-examination. Re-cross examination allows further questioning by the opposing party on matters from re-direct examination. The document also lists common objections in court such as ambiguous questions, argumentative questions, asked and answered questions, and assumes facts not in evidence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    352 views3 pages

    Common Objections in Court

    Uploaded by

    Sharika Cantago-Sumingcan
    This document outlines the examination process of witnesses in court. It discusses direct examination, cross-examination, re-direct examination, and re-cross examination. Direct examination involves questioning witnesses presented by the examining party. Cross-examination allows the opposing party to question the witness on matters from direct examination. Re-direct examination permits the examining party to clarify answers from cross-examination. Re-cross examination allows further questioning by the opposing party on matters from re-direct examination. The document also lists common objections in court such as ambiguous questions, argumentative questions, asked and answered questions, and assumes facts not in evidence.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    EXAMINATION OF A WITNESS IN COURT

    Section 5. Direct examination. Direct examination is the examination-inchief of a witness by the party presenting him on the facts relevant to the
    issue. (5a)
    Section 6. Cross-examination; its purpose and extent. Upon the
    termination of the direct examination, the witness may be cross-examined by
    the adverse party as to many matters stated in the direct examination, or
    connected therewith, with sufficient fullness and freedom to test his accuracy
    and truthfulness and freedom from interest or bias, or the reverse, and to
    elicit all important facts bearing upon the issue.
    Section 7. Re-direct examination; its purpose and extent. After the crossexamination of the witness has been concluded, he may be re-examined by
    the party calling him, to explain or supplement his answers given
    during the cross-examination. On re-direct-examination, questions on
    matters not dealt with during the cross-examination, may be allowed by the
    court in its discretion.
    Section 8. Re-cross-examination. Upon the conclusion of the re-direct
    examination, the adverse party may re-cross-examine the witness on
    matters stated in his re-direct examination, and also on such other matters
    as may be allowed by the court in its discretion. (13)
    NOTE: In administrative proceedings, technical rules of procedure
    and evidence are not strictly applied.

    COMMON OBJECTIONS IN COURT

    Ambiguous, confusing, misleading, vague, unintelligible: the question is not clear


    and precise enough for the witness to properly answer.

    Argumentative: the question makes an argument rather than asking a question.

    Asked and Answered: when the same attorney continues to ask the same
    question and they have already received an answer. Usually seen after direct,
    but not always.

    Section 10. Leading and misleading questions. A question which suggests to


    the witness the answer which the examining party desires is a leading question.
    It is not allowed, except:
    (a)

    On cross examination;

    (b)

    On preliminary matters;

    (c)
    When there is a difficulty is getting direct and intelligible answers from a
    witness who is ignorant, or a child of tender years, or is of feeble mind, or a deafmute;
    (d) Of an unwilling or hostile witness; or
    (e) Of a witness who is an adverse party or an officer, director, or managing agent of
    a public or private corporation or of a partnership or association which is an adverse
    party.
    A misleading question is one which assumes as true a fact not yet testified to by the
    witness, or contrary to that which he has previously stated. It is not allowed. (5a, 6a,
    and 8a)Assumes facts not in evidence: the question assumes something as true for
    which no evidence has been shown.

    Best evidence rule: requires that the original source of evidence is required, if
    available; for example, rather than asking a witness about the contents of a
    document, the actual document should be entered into evidence. Full original
    document should be introduced into evidence instead of a copy, but judges often
    allow copies if there is no dispute about authenticity. Some documents are
    exempt by hearsay rules of evidence.

    Beyond the scope: A question asked during cross-examination has to be within


    the scope of direct, and so on.

    Calls for a conclusion: the question asks for an opinion rather than facts.

    Calls for speculation: the question asks the witness to guess the answer rather
    than to rely on known facts.

    Hearsay: the witness does not know the answer personally but heard it from
    another. However, there are several exceptions to the rule against hearsay in
    most legal systems.[2]

    Incompetent: the witness is not qualified to answer the question.

    Irrelevant or immaterial: the question is not about the issues in the trial.

    Non-responsive: the witness's response constitutes an answer to a question


    other than the one that was asked, or no answer at all

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