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    Common Objections in Court

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    Ryo
    Direct examination is when the party presenting a witness questions them about facts relevant to the issue. During cross-examination, the opposing party can question the witness on matters from direct examination or related topics to test their accuracy. After cross-examination, re-direct examination allows the presenting party to explain or supplement answers from cross-examination. Re-cross examination then allows the opposing party to question the witness on matters from re-direct examination. Common objections in court include questions that are ambiguous, argumentative, beyond the scope of questioning, assume facts not in evidence, or call for speculation.

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    Common Objections in Court

    Uploaded by

    Ryo
    266 views2 pages
    Direct examination is when the party presenting a witness questions them about facts relevant to the issue. During cross-examination, the opposing party can question the witness on matters from direct examination or related topics to test their accuracy. After cross-examination, re-direct examination allows the presenting party to explain or supplement answers from cross-examination. Re-cross examination then allows the opposing party to question the witness on matters from re-direct examination. Common objections in court include questions that are ambiguous, argumentative, beyond the scope of questioning, assume facts not in evidence, or call for speculation.

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    Direct examination is when the party presenting a witness questions them about facts relevant to the issue. During cross-examination, the opposing party can question the witness on matters from direct examination or related topics to test their accuracy. After cross-examination, re-direct examination allows the presenting party to explain or supplement answers from cross-examination. Re-cross examination then allows the opposing party to question the witness on matters from re-direct examination. Common objections in court include questions that are ambiguous, argumentative, beyond the scope of questioning, assume facts not in evidence, or call for speculation.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    266 views2 pages

    Common Objections in Court

    Uploaded by

    Ryo
    Direct examination is when the party presenting a witness questions them about facts relevant to the issue. During cross-examination, the opposing party can question the witness on matters from direct examination or related topics to test their accuracy. After cross-examination, re-direct examination allows the presenting party to explain or supplement answers from cross-examination. Re-cross examination then allows the opposing party to question the witness on matters from re-direct examination. Common objections in court include questions that are ambiguous, argumentative, beyond the scope of questioning, assume facts not in evidence, or call for speculation.

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    EXAMINATION OF A WITNESS IN COURT

    Section 5. Direct examination. — Direct examination is the examination-in-chief 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 cross-examination 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 deaf-
    mute;

    (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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