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How to Object

1. Objection must be timely


Object to the question before the answer
Object to the answer before the next question
Object to the document when used or offered

2. Rise and say, “Objection”


3. State the Rule and very briefly the grounds (if necessary)
4. The other side will usually be given the chance to respond.
5. Then be prepared to argue your side.
6. Accept court’s ruling gracefully

There are 3 sources of Objections: Competition Rules, Rules of Civil Procedure, and Federal
Rules of Evidence (FRE)

Common Objections
Witnesses are Bound by Statements Competition Rule 3
Unfair Extrapolation Competition Rule 4
No Objections During Opening and Closing Rule of Procedure Rule 36

Argumentative Rule of Procedure 37(1)


Lack of Foundation Rule of Procedure 37(2) easily corrected, judges will probably not grant
Assumes Facts not in Evidence Rule of Rule 37(3)
Calls for a Narrative Rule of Procedure 37(4) caution - will objecting help your case?
Non-Responsive Rule of Procedure 37(5)
Repetition Rule of Procedure 37(6)
Leading Questions not allowed on Direct FRE 611 (c)
Scope of Cross is not limited by Direct FRE 611(b)
Scope of Re-Cross and Re-Direct are limited by preceding examination FRE 611(d), Rule of
Procedure 40.

Relevance FRE 401, 402


Relevancy: Prejudicial Effect exceeds Probative Value, Confusion, Waste of Time FRE 403
Character Evidence Not Admitted to Prove Conduct, Exceptions FRE 404, 607, 608
Methods of Proving Character FRE 405, 608
Lack of Personal Knowledge FRE 602
Improper Lay Opinion FRE 701
Who may Impeach FRE 607
Improper Expert Opinion Rules FRE 702, 703 and 704
Expert cannot give an opinion on Ultimate Issue (guilt or innocence of the accused) FRE 704
Hearsay FRE 801, 802
Prior Statement by Witness not Hearsay under certain circumstances FRE 801(d)(1)
Admission by Party Opponent not Hearsay FRE 801(d)(2)
Hearsay Exceptions (Present Sense Impressions, Excited Utterance, then existing emotional or
mental state, statements for the purpose of medical diagnosis or treatment, reputation as to
character) FRE 803
Hearsay within Hearsay FRE 805

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