Objection, your honor

Objection, your honor | Daily Tribune

An objection is a formal request asking the court to disallow a question, testimony, answer, or piece of evidence because it violates the Rules of Evidence or the Rules of Court. Through an objection, counsel calls the court’s attention to a legal defect and asks that the improper matter be excluded from consideration. Far from being a mere interruption, an objection safeguards the fairness and integrity of judicial proceedings.

Timing is crucial. An objection must be made promptly; otherwise, it is deemed waived. When the objection is directed at a question propounded to a witness, counsel must object as soon as the ground becomes apparent—ideally before the witness answers. If the witness has already responded, counsel may move to strike the answer from the record so that it will be disregarded by the court.

Equally important is specificity. A lawyer cannot simply say, “Objection.” The objection must identify the precise rule or legal principle that has been violated. Depending on its nature, objections are generally classified as either formal or substantive.

Formal objections concern the manner in which a question is asked. Among the most common are objections to leading questions, which suggest the desired answer; misleading questions, which assume facts not yet established or distort prior testimony; compound questions, which ask two or more matters at the same time;

Vague or ambiguous questions that leave the witness uncertain as to what is being asked; repetitive questions that have already been answered; and argumentative questions that seek to provoke or challenge the witness instead of eliciting relevant facts.

An exception exists during cross-examination where some repetition may be permitted to test the witness’s credibility, memory, or consistency.

Substantive objections, on the other hand, challenge the admissibility of the evidence itself.

These include objections to irrelevant evidence that has no bearing on the issues in dispute, illegally obtained evidence, hearsay testimony not based on the witness’s personal knowledge, privileged communications protected by law, and testimony from witnesses who are legally disqualified or lack the qualifications necessary to testify as experts.

Once an objection is raised, the court must rule on it. If the objection is sustained, the court agrees that the question, answer, or evidence is improper and excludes it from consideration. If it is overruled, the court finds the objection without merit and allows the testimony or evidence to remain part of the record.

Objections are not mere courtroom theatrics. They are indispensable tools for ensuring that cases are decided only on competent, relevant, and admissible evidence. This is particularly significant in proceedings of immense public interest, such as an impeachment trial, where every ruling may shape both public perception and the administration of justice.

For the public, understanding objections provides a clearer appreciation of why certain questions are disallowed and why some evidence never reaches the record.

For lawyers, however, mastering the art of the objection is far more than a procedural skill. It is the discipline of knowing when to speak, what to challenge, and how to preserve the integrity of the proceedings.

In many instances, a well-timed and well-founded objection can influence not only the outcome of a case but also the cause of justice itself.