After a party objects to the admission of evidence, the proponent of the evidence can respond by arguing that the objection doesn’t apply or isn’t valid, or that the evidence is admissible because of an exception to the ground stated in the objection. Where that argument is made can make a big difference—should you argue in open court or in a sidebar conference?
When examining a witness, counsel should ask questions that are intelligently phrased, concise, and clear in meaning. No one should have to guess at what the question means. If opposing counsel asks a question that can’t be understood or may be misunderstood by the witness, object on the ground that it’s ambiguous or unintelligible.
A proponent of evidence can counter anticipated objections with a motion in limine before trial starts, but usually counsel counters objections to evidence after the opponent objects at trial. Here are eight ways to do it.
Making objections is a key skill for every trial attorney. The more you try cases, the more rote they become. But if you’re relatively new to the courtroom, or it’s been a while since you’ve been there, here’s a system for memorizing possible objections and having them at the tip of your tongue at trial.
Attorneys have a lot of latitude in making their closing argument, but there are nonetheless impermissible arguments during closing and thus openings for opposing counsel to object. Even if you’re right, objecting during a closing may not be a smart move.
The following is a guest blog post by Micha Star Liberty. Micha represents plaintiffs in cases involving unlawful employment practices, personal injury and mass tort, defective products, civil rights, discrimination, antitrust violations, and consumer protection. She has offices in San Francisco and Oakland.
If you’re defending your client’s deposition and you have a problem with some of the questions the other attorney is asking, you’ll likely be tempted to object, as you do in court. But remember that there are different rules for objections in court versus in a deposition.