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Few things are as intimidating to a new mock trial attorney as the concept of making objections during trial. An objection is a statement made by an attorney during a case for the purpose of questioning or challenging any specific evidence. Often, the end goal of the objection is to have evidence limited or altogether ruled inadmissible by the judge.
In the US legal system, objections are part of evidence codes, and can be extremely complicated. Most mock trial competitions publish their own simplified rules of evidence, which include the most essential objections. During competitions, mock trial attorneys are limited to the objections set forth in the specific rules for their competition. The rest of this post will refer to the objections used by California Mock Trial, organized by the Constitutional Rights Foundation. Other competitions may use more or less objections, so be sure to check your specific rules before competing.
Objections in mock trial can only be made during the direct and cross examination. Statements made by attorneys during opening or closing arguments cannot be objected to. If there is an evidence issue with an attorney’s statements during these arguments, it should be brought to the judge’s attention during rebuttal.
One of the most difficult aspects of making an objection is that an attorney often needs to react very quickly. The process of making an objection is twofold:
First, an attorney must be paying close attention to what questions are being asked, and what answers are being given. If the attorney hears something that is objectionable, they must then make a split second decision on whether or not to object. Objections are extremely time sensitive, and if more than a few seconds pass between hearing the evidence in question and making the objection, the evidence will likely be admitted. This process may seem complicated and difficult to a beginning mock trialer, but with practice and experience, making objections can become second nature. In order to actually object to evidence, all an attorney has to do is stand up and say “Objection.” It is perfectly reasonable to interrupt opposing counsel when making an objection.
Next, the attorney must state to the judge what the exact objection is . For example, “Your honor, this testimony includes hearsay.” At this point, the judge may ask for a further explanation of the objection, or may instead address opposing counsel and ask for a response. Be ready to argue any objections to the judge if prompted. Some judges enjoy hearing more argument from attorneys while others may rule without any input. Be conscientious of what the judge prefers and do not offer more information than necessary. If the judge sides with the attorney objecting, the objection will be “sustained”. If the judge agrees with the opposing counsel, the objection will be “overruled”. When the judge makes a ruling, be ready to accept it and move on. It is never a good idea to argue with the judge.
Let’s now take a look at the two types of objections in Mock Trial.
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The first type of objection is an objection to the form of the question asked, or answer given. When an attorney makes this type of objection, they are objecting to the nature of the question or answer, but not to its substance. Although equally valid, some judges often prefer to hear less of these objections. This does not mean one should avoid making them, but it simply requires the attorney to be conscientious and aware of the judge’s attitude. The following are the most frequently used objections of this type:
This objection is made when counsel asks a leading question during direct examination. A leading question is a question which actually suggests an answer. Leading question are allowed during cross examination, but not during direct.
Example: “At 8 pm that day, you were at the deli, correct?”
This objection is made when counsel asks a compound question. A compound question is a question that actually asks multiple things, all linked by “and” or “or”.
Example: “Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?”
This objection is made when either a witness begins telling a narrative as part of their answer, or counsel’s question calls for a narrative. It is admissible for a witness to testify about what happened, but they must do so in response to a question. This objection exists to prevent long winded witness answers. If a witness has answered the question, but continues telling a story, this objection should be made.
Example: “First thing I did that was get up, and go to work. It was fairly normal day at work until the robbery, which happened at around 1 pm. After that the police came, and began interviews. I was taken to the station, and was there until around 10 pm. After this, I came back home….”
This objection is made when counsel begins arguing with a witness, badgering a witness or becoming overly aggressive. This objection is made by an attorney to protect a witness during cross examination. The objection is fairly subjective in terms of what is considered argumentative. Generally, a judge will allow more aggressive questioning if counsel is cross examining the defendant.
Example: “How can you sit here and lie to the court about your attitude towards the victim?”
This objection is made when counsel has asked a question and received an answer, and asks the same question again. If an answer is given, a new question must be asked. Counsel can ask a question multiple times if the witness is not giving a full answer, is being uncooperative or unresponsive.
Example: “Did you stop at the stop sign on 5th and Main?”, “No”, “So, to be clear, you ran the stop sign?”
This objection is made when either the question asked or answer given is vague and ambiguous in nature. This objection can be used to help a witness answer a confusing question, or help an attorney get a more precise response.
Example: “When did you see it happen?”
This objection is made when a witness does not answer the question being asked by the attorney. This objection can help an attorney corral the witness and get a straight answer to questions the witness may be trying to avoid. Be careful to avoid making this objection when the witness simply gives a different answer than what was expected or desired.
Example: “Weren’t you the last person the victim saw on the night of his death?”, “I had nothing to do with that!”
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Our chancing engine factors in extracurricular activities, demographics, and other holistic details. We’ll let you know what your chances are at your dream schools — and how to improve your chances!
Our chancing engine factors in extracurricular activities, demographic, and other holistic details.
Our chancing engine factors in extracurricular activities, demographic, and other holistic details. We’ll let you know what your chances are at your dream schools — and how to improve your chances!
Our chancing engine factors in extracurricular activities, demographic, and other holistic details. We’ll let you know what your chances are at your dream schools — and how to improve your chances!
