TRIAL OBJECTION LIST

Another post – “How to Object” – discusses approaches to making objections when the grounds for the objections do not come readily to mind. One way to make it likely that the grounds for the objection will pop into your mind is to have reviewed a list of objections categorized by Phase of Trial - for instance, a list of objections that are common to opening statement. As you prepare for opposing counsel’s opening, you can review the list and arm yourself to actively listen for the objectionable and be ready to rise to object. Making and Meeting Objections is thoroughly covered in Chapter 6 of Trial Advocacy: Planning, Analysis and Strategy, 3rd Ed. Here is a handy objections list provided by trial lawyer Colette Tvedt:

OBJECTIONS IN JURY SECLECTION

Asks Juror to Prejudge Evidence
Cross Examination Barred
Form of Question Improper
Hypothetical Question
Indoctrinating on Law or Facts
Knowledge of Law Being Tested
Misstates the Law
Not Related to Any Challenges for Cause
Prejudicial or Inflammatory
Protracted Examination
Addressing Juror by Name

OBJECTIONS TO OPENING STATEMENTS

Anticipating Defenses of Adversary
Arguing the Case
Instructing Jury on Law
Disparaging Comments
Fact Stated Will Not be Proven
Inadmissible Matter Injected
Insurance Overly Stressed
Misstates the Law
Personal Belief in Merits Expressed
Prejudicial or Inflammatory
Settlement Discussions Mentioned
Subsequent Repairs Injected
Wealth or Poverty of Party mentioned

OBJECTION TO COMPETENCY OF WITNESSES

Attorney called as Witness
Deadman’s Statute Bars Testimony
Actual Knowledge Lacking
Inability to Observe, Remember & Communicate
Judge or Juror Called as a Witness

OBJECTIONS ON PRIVILEGE AND RELATED GROUNDS
Attorney-Client
Clergyman-Pentitent
Defendant in Criminal Case
Identity of Informer
Marital Communications
Newman’s Identity
Official Information
Physician –Patient
Psychotherapist-Patient
Self-Incrimination
Trade Secrets
Voter Information
Work Product

OBJECTION TO THE FORM OF A QUESTION

Ambiguous
Assumes a Fact Not in Evidence
Hypothetical Question Misused
Narrative Answer Requested
Argumentative
Compound
Leading
Overly Broad or General
Asked and answered
Confusing or Unintelligible
Misquotes a Witness or Exhibit

OBJECTION TO CONDUCT OF A WITNESS

Argumentative Answers
Clothing Objectionable
Communication with a Juror
Disparaging Comments
Display of Unadmitted Exhibit to Jury
Fee Contingent on Answers
Inaudible Answers
Interruption of Questions
Looking to Counsel for Answer Cue
Narrative Answer
Unresponsive Answers
Notes being used without permission
Prejudicial or Inflammatory Statements
Protracted Answers
Refusal to Answer Precise Question
Unavailability of for Cross-Examination

OJECTIONS TO CONDUCT OF COUNSEL

Argumentative
Blocking view of counsel, judge or jury
Candor or Fairness Lacking
Custom or Courtesy of Practice Ignored
Coaching comments to Question or Objection
Communication with a Represented Party
Communication with a Currying Jury Favor Juror
Cutting Off Witness Answers
Deceit or collusion
Delay of Suit
Display of Un-admitted Exhibit to Jury
Disparagement to Counsel, Party or Witness
Distracting Noise or Movement
Ex Parte Communications with the Court
Facts Not Proved or Provable
Failure to Follow Court Instructions

OBJECTIONS TO CONDUCT OF THE JUDGE

Bias re: Counsel or a Party
Credibility of Witness Assessed
Disparagement of Counsel or a Party
Excessive Examination of a Witness
Gestures of Facial Expressions
Interference with Presentation of Case
Merits of Case Evaluated for Jury
Summarization of Testimony
Mistakes (and Misconduct)
Settlement Pressure Inordinate

OBJECTION TO TESTIMONY AND EXHIBITS

Accrediting Barred Before Impeachment
Authentication Lacking
Best Evidence Rule Violated
Collateral Matter
Conclusion Improperly Elicited
Corpus Delecti Not Proven
Cumulative
Deadman’s Statute Violated
Excludable in Court’s Discretion
Fact Barred by Pleading or Admission
Foundation Defective
Hearsay
Illegally Obtained evidence
Immaterial
Impeachment Improperly Handled
Incompetent
Irrelevant
Mental Operations of Non-Witness Sought
Narrative Answer
Non-Responsive Answer
Objectionable on Other Grounds
Opinion offered without Basis
Parole Evidence Rule Violated
Prejudicial or Inflammatory
Pre-trial Order Obviates Testimony
Privileged or Protected Information
Rehabilitation Improperly Handled
Scope of Proper Examination Exceeded
Settlement Discussions Disclosed
Speaks for itself (Exhibit)
Speculation Inadmissible
Stipulation or Agreement Obviates Answer
Subsequent Repairs Inadmissible
Testimony by counsel
Undefined Term Employed
Undisclosed Document Barred


OBJECTIONS IN CLOSING ARGUMENTS

Attacking Counsel, Party or a Witness
Demonstration or Chart Misuses
Evidence Misstated or Overstated
Settlement discussions disclosed
Excluded Matter Mentioned
Failure to Call Witness Mishandled
Instructing Jury on the Law
Insurance Mentioned Improperly
Irrelevant Facts or Issues Stressed
Juror Addressed by Name
Wealth or Poverty of a party mentioned
Per Diem Argument Employed
Personal Belief of Counsel Stated
Prejudicial or Inflammatory statements


OBJECTION TO JURY INSTRUCTIONS

Ambiguous
Argumentative
Confusing or Unclear
Credibility Assessed Improperly
Emphasis on One Theory, Issue or Side of Case
Evidence Lacking to Support Charge
Failure to Call Witness Mishandled
Inconsistent Charge
Legal Standard Erroneous
Overly General or Abstract charge
Personal Opinion Stated
Prejudice or Sympathy appealed to
Suggestion improper
Technical Terms Undefined or Misused
Theory or Issue Omitted
Weight of Evidence Assessed Improperly