The evidence hurts your case. You need to protect your witness from misleading questions asked during cross-examination. You wish to disrupt your opponent. You need to preserve a pretrial motion or previous objection. You want an excuse to make a short speech to the jury. It would emphasize harmful evidence by calling special attention to it.
The evidence will eventually be admitted anyway. Too many picayune or technical objections may cause an unfavorable reaction among jurors. The evidence may open the door to otherwise inadmissible favorable evidence. Alternative means of combating the objectionable evidence exist, such as offering conclusive counter-evidence.
The objection is petty. When a witness gives an unresponsive answer to one of your questions. When a witness volunteers inadmissible evidence in response to a proper question asked by your opponent. If the question itself clearly called for inadmissible evidence, you must have objected to the question. You cannot resort to a motion to strike unless the improper testimony could not have been anticipated from the question.
When a witness makes gratuitous or vindictive remarks. When subsequent testimony demonstrates that previous evidence was incompetent, or if your Opponent fails to connect up testimony conditionally admitted. When the opposing attorney makes gratuitous or improper remarks during witness examination or argument. Drink Driving. Traffic Law. National Offences Hoon Laws in Australia. See all Criminal Law.
Criminal Law Queensland. See all Criminal Law Queensland. Criminal Law New South Wales. Criminal Law Australian Capital Territory. Criminal Law Victoria. See all Criminal Law Victoria. Vic What is a Contested Hearing? Criminal Law South Australia. See all Criminal Law South Australia. Criminal Law Tasmania. See all Criminal Law Tasmania.
Criminal Law Western Australia. See all Criminal Law Western Australia. Criminal Law Northern Territory. See all Criminal Law Northern Territory. See all Civil Law. Civil Law Australian Capital Territory. Civil Law New South Wales.
Civil Law Northern Territory. See all Civil Law Northern Territory. Civil Law Queensland. See all Civil Law Queensland. Civil Law South Australia. See all Civil Law South Australia. Civil Law Tasmania. See all Civil Law Tasmania. Civil Law Victoria. See all Civil Law Victoria. Civil Law Western Australia.
See all Civil Law Western Australia. See all Family Law. See all Drink Driving. Drink Driving Queensland. See all Drink Driving Queensland.
Drink Driving New South Wales. Drink Driving Victoria. See all Drink Driving Victoria. Drink Driving Australian Capital Territory. Drink Driving South Australia. See all Drink Driving South Australia. Drink Driving Tasmania. See all Drink Driving Tasmania. Drink Driving Western Australia. See all Drink Driving Western Australia. Drink Driving Northern Territory. Also, it may not be clear for the court record which of the questions the witness is answering. Just separate out the questions, ask them one at a time, and they might then be allowed.
Example: Why did you go back into the house and what made you think you it was a good idea to then take the children away? Either way, a question can only be asked once, and after it has been answered, any further attempts to ask the question are objectionable.
Vague A vague question is when it is difficult or impossible to tell what the question is about. You would want to object to a vague question that is asked of your witness because of the risk that the witness will misunderstand the question and say something that will hurt your case.
If the question is objected to, the person asking the question might then be able to ask the question in a different way that makes more sense or is more specific. This is another instance when you could object to the non-responsive answer. Speculation The speculation objection can be used in two different situations.
First, if a witness does not know a fact to be true or not, but testifies about it anyway, this testimony would be objectionable as speculation. A witness must have personal knowledge of a fact to testify about that fact and put it into the court record.
Second, if a question that is posed can only be answered by using speculation, the question would be objectionable. Generally, only a witness who has been recognized as an expert witness by the judge can offer an opinion. However, any testimony that might suggest some sort of diagnosis would usually be objectionable as opinion. However, there are hearsay exceptions that may apply.
You can learn more in What is hearsay?
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