Objections Cheat Sheet

Objection Words to listen for Response (when Response (when

objecting) objected to)
HEARSAY “I heard William say…” “Out of court statement not Exception #1:
“They said…” made by the witness.” Party opponent
(Rule 401) “He saw…” “Witness is in court today
*any document made out of and can be cross examined
court on this statement.”
-other side must prove Exception #2:
the hearsay exception State of mind
”This statement is not
being used to establish truth
but state of mind.”
Exception #3:
Business Records
”Document prepared in the
regular course of business.”
Exception #4:
Present Sense Impression
”This testimony falls under
the present sense impression
because the witness is
describing the event directly
after it occurred. The
testimony is acceptable
because the declarant did not
have time to think of a lie”
(Ryan and Callahan)

Objections cannot be made ______________________ “Your Honor, may we call a

SCOPE to anything not in the Mock side bench to review the
(102) Trial Packet Mock Trial packet.”

(305) Questions cannot be asked “Your Honor, that question “Your Honor the testimony
on cross if the topic was not is out of the scope of my about the _____________
covered on the direct direct.” opened the door to this line
of questioning.”
-Your Honor, if you would
grant me a questions of
leeway and I’ll tie it all
(302) Out of the scope of the “The question/ statement together.” (YOU MUST!)
witnesses knowledge. requires information out of
the witnesses knowledge/ “It is reasonable to assume
affidavit.” based on relationships that
the witness would have this
information.”
RELEVANCY Only relevant (relatable) “This matter has nothing to P:
testimony can be made. Past do with the outcome/ facts “This line of questioning
(201) events that have nothing to of the case.” goes to the truth of the
do with the case or the character/ ability to tell the
outcome is inadmissible. “Prejudicial value truth.”
outweighs the probative
Character Relevancy is only value.” D:
(202) introducible if the person’s “Defense is allowed to
character is an issue or “Prejudicial value introduce character to show
shows truth/untruth outweighs the probative innocence.”
value.”
For Character: Other crimes,
wrongs, or acts are not
(203) admissible to prove the
character of a person. allowed to show motive,
not admissible to prove the intent, preparation,
character of a person but knowledge or identity.
are allowed to show
motive, intent, preparation,
 knowledge or identity.
NARRATION Witness is not allowed to go “This witness is narrating.” “The witness is simply
on a run on tangent. Or answering the question.”
(301) “This question calls for
narration.” “I’ll rephrase the question.”

-Break the questions up into

smaller direct questions.
The question suggests the “The question suggests the “I’m building on a previous
LEADING answer. answer.” answer/ clarifying a previous
(301) answer.”

“Your Honor, I’ll rephrase.”

ARGUMENTATIVE Tone of question challenges “This question is “Your Honor, I’m trying to
(310) the witness about facts rather
than seeking new facts.
argumentative because the
tone of question challenges
clarify the witnesses’
previous statements.”
the witness about facts
rather than seeking new
facts.”
COMPOUND There are two questions in “This question is “I’ll break up the question.”
one. compound because there
QUESTION are two questions in one.”
(311)
Questions that have already “The witness has already “Your Honor, I’m trying to
ASKED been asked and answered. provided an answer to this clarify the witnesses’
AND question.” previous statements for the
court.”
ANSWERED
(312)
SPECULATION Question asks the witness to “Your Honor, this is “This information is within
come to conclusions that are speculation because the the scope of the witnesses’
(313) not in their personal question asks the witness knowledge.”
knowledge. to come to conclusions that
are not in their personal
knowledge.”
OPINION/ If witness is not an expert “Counsel is asking the “The witness has the training
they can’t draw conclusions witness to give an expert specialized knowledge,
TESTIMONY
that would need specialized opinion.” training, and qualifications to
BY knowledge, training, or answer this question.”
NONEXPERT qualifications. “This witness has no
knowledge, specialization,
(501) or skill that would deem
them qualified to testify on
this matter.”
FOUNDATION Lack of Foundation: Lack of Foundation: “The witness demonstrated
(601) Witness is testifying about a
document not yet entered
“Witness is testifying about
a document not yet entered
knowledge through the
previous line of questions
into evidence into evidence.” and answers.”

Foundation has not been

established that the witness is “Foundation has not been
familiar with the subject/ established that the witness
document. is familiar with the subject/
document.”
INVENTION The witness is creating facts “The witness is creating You Honor, it can reasonably
or accounts that are not in the facts or accounts that are be inferred that this witness
OF record. not in the record.” would have knowledge of
FACTS *Be familiar with the
this.”

(701) opposing affidavit *You should NOT be doing

(Impeach witnesses) this!