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SAMPLE objections you can raise at the trial level

Specifically, here are some SAMPLE objections you can raise at the trial level, so you don’t sound like
an idiot when you go in front of an appellate panel:
1. Objection: Counsel has represented facts that are not in evidence. If Counsel is testifying, I
would like to voir dire counsel to determine whether counsel is a material witness, whether
counsel is a competent witness with personal knowledge and whether counsel is attempting to
proffer argument in lieu of inadmissible hearsay.
2. Objection: Counsel has stated that he/she represents Wells Fargo when in fact the homeowner
received a letter from another law firm and another lawyer stating that they represented the real
party in interest. If that other letter was referring to Wells Fargo, then we have two lawyers who
each claim to represent Wells Fargo, in which case, I am demanding that counsel provide proof
of authority to represent Wells Fargo naming he/she and the law firm. If the party referred
to in the prior correspondence is not Wells Fargo, then we obviously have two different
financial institutions who are competitors in the open market, each making a claim to enforce a
note and mortgage, each of which documents is subject to numerous objections as to
authenticity and admissibility as evidence. The only thing we know is that they both want to
buy this home without offering any money to anyone by submitting a credit bid.
3. Objection: Counsel is attempting to refer to an exhibit to pleadings that have not been
admitted into evidence. We object to those copies being used and we will object to the use of
any purported original until we can examine and determine the authenticity of the so-called
original, since there are now numerous cases on record involving these same parties wherein
the documents offered as originals were in fact mechanically produced, fabricated and forged.
WE DO NOT ADMIT THE AUTHENTICITY OF THE NOTE, MORTGAGE, ASSIGNMENT,
INDORSEMENT OR ANY OTHER DOCUMENT THEY HAVE OFFERED. QUITE THE
CONTRARY, WE BELIEVE THEY ARE FAKE AND THAT LIKE ANY OTHER CASE
THEY SHOULD BE REQUIRED TO PLEAD AND PROVE THEIR CASE.
4. Objection: Counsel is arguing for a presumption in favor of his alleged client in lieu of
presenting evidence that can be tested on the merits. Counsel is also arguing and attempting to
raise the presumption in favor of his client that in a judicial forum the burden of proof is on
the party with the least information. First they stonewall us despite Federal law that
requires them to answer and then they say we lack specificity. They can’t have it both
ways.
5. Objection: We are the defending party (same statement in both judicial and non-judicial state).
They [banking intermediaries] want to sell real property without the requirement of proof that
would be admissible in a judicial forum — a forum in which they would lose every time and in
which, when pushed they always dismiss the day of trial. They are the party seeking affirmative
relief — they want a home that currently belongs to my client and they want to be able to take it
without paying for it by submitting a credit bid as though they were the creditor. So they are not
only asking the court to allow the foreclosure to go forward, they also will use your order as
proof of a judicial finding that they are in fact the creditor and can submit a credit bid at auction
without using any money whatsoever. And they want you to do all this for them because their
client has the word “bank” in it — and that should be enough with no pleadings or proof from
the party seeking affirmative relief — namely his client who wants to sell my client’s property
without a hearing and buy it without any money.
Now it is your turn counselors — add to this list and I’ll publish it…
Copyright: Neil Garfield Esq. Source: https://livinglies.wordpress.com/2011/02/22/did-you-object/