OBJECTIONS!

Why, How and When To Object

Litigation
Department
Training Module

- Part of ACCRA Training Module

- Based on a CD Game
- First time to be presented in public
- Lecture
- CD/DVD
- Quiz
- Open forum
 The Objection Phase

Making objections is a
difficult skill.
DIRECT
EXAM The total amount of time
(DX) between the end of an
OBJECTION
enemy attorney’s
PHASE question and when a
CROSS-EX
(CX) witness starts to answer
– LESS THAN ONE
SECOND!
 Reasons for Objecting

1. Stop an enemy from hurting your case –

PRINCIPAL REASON
2. Establish your record on appeal. (e.g. Admission
of “privilege letter” over your objection)
3. Neutralize or oppose an improper statement. -
“ungrateful partner”
4. Establish your presence or the other side of the
coin (esp. Defendant).
5. Throw an enemy off balance.
- loss of concentration/focus
(importance of notes/tick marks)
 Reasons for Not Objecting

1. Not to delay the trial

5. Irrelevant questions
2. May give enemy & answers are not
attorney & witness
critical to your case
more time to think
3. May suggest to the 6. Objectionable
enemy how to ask a questions (Formal
proper question but not Substantive)
4. Answer may be may be rephrased
favorable to you anyway
 Style

1. SPEAK UP WITH AUTHORITY.

Everybody (i.e., judge, enemy
attorney, witness) should hear you.
Shift or project the interruption.
to the enemy (enemy attorney is
asking objectionable questions;
enemy witness is given
objectionable answers).
2. STAND UP.
Avoid the jumping bean style.
Reserve the “standing objections” for
the most damaging testimony.
Certain judges require the lawyer to
stand up whenever he speaks or objects.
3. NEVER SHOW PHONY
INDIGNATION.
4. MAKE SPECIFIC OBJECTIONS.
State one-word objections rather than giving a
speech (unless really important).
If there is more than one basis for the objection,
state them.
 Timing

Timing is critical.
If you object too soon, If you object too long, the
the judge would tell enemy attorney would
you this: have finished the
question and the
Counsel, let the witness may have
opposing counsel answered.
finish his question.
Be seated!
If you fail to timely object to the question, MOVE
TO STRIKE the answer.

Disadvantages:
1. Everybody already heard the answer
2. Damage had been done
3. Low probability that the answer will be
stricken off
 Preferred Style

RAISE YOUR HAND (as if to stop the

witness from answering) and STAND UP
as soon as the question becomes or
appears to be “objectionable”.
WAIT for the enemy
attorney to finish his
question and then
OBJECT stating your
objection/s.
 Classification
 APPLICABILITY – Used in either, both, or all Direct
Examination (DX), Cross-Examination (CX), Re-
direct Examination (RD), Re-cross-examination (RX)
 NATURE – Formal or Substantive
 Formal – addresses the MANNER by which
evidence is elicited
– could be corrected by rephrasing the
questions
 Substantive – addressed the UNDERLYING
ADMISSIBILITY of the evidence
 BASIS OR TARGET – Question-based (QB) or
Answer-based (AB)
 1. ARGUMENTATIVE

 Formal objection
 Used in both direct examination &
cross-examination (DX/CX)
 Only question-based (QB)
 Links – Repetitive, Misleading
 Signals
 Repetitive questions

 Insulting questions (on past sexual

encounters and matters of a personal nature
 Used when the enemy lawyer is impeaching
his own witness
 Assumes facts opposite/different from prior
testimony
Misleading
 State the specific objection…
ARGUMENTATIVE

Objection, Your Honor, argumentative.

Objection, Your Honor, opposing

counsel is impeaching and arguing with
his own witness.

Objection, Your Honor, misleading.

 Legal Basis
ARGUMENTATIVE

Repetitive and Rule 132, Sec. 3

“It is the right of a witness:
insulting questions (1) To be protected from xxx improper or
insulting questions, and from harsh or
insulting demeanor.”

Impeaching his own Rule 132, Sec. 12

“xxx the party producing a witness is not
witness allowed to impeach his own credibility.”

Assumes facts Rules 132, Sec. 10

“A misleading question is one which assumes
opposite/different from as true a fact not yet testified to by the
witness, or contrary to that which he has

prior testimony previously stated. It is not allowed.”

 2. BEST EVIDENCE

 Substantive objection
 Used in both direct examination &
cross-examination (DX/CX)
 Both question-based & answer-based
(QB/AB)
 Links – Hearsay, Speculative
 Signal What did it say?
 Pertains primarily to writings and not
physical objects, unless the physical objects
contain writings
 Know the exceptions to the Best Evidence
Rule
 Related to, but different from the, Parol
Evidence Rule – oral testimony to
contradict or vary the terms of a written
contract
 State the specific objection…
BEST EVIDENCE

Objection, Your Honor, this is not the

best evidence of the contents of the
writing. Produce the original.

Your Honor, I move to strike the

witness’ answer on the ground that
it violates the
Best Evidence Rule.
 Legal Basis
BEST EVIDENCE

Best Evidence Rule Rule 130, Sec. 3

“When the subject of inquiry is the contents of
a document, no evidence shall be admissible
other than the original document itself xxxx”

Parol Evidence Rule Rules 130, Sec. 9

“When the terms of an agreement have been
reduced to writing, it is considered as
containing all the terms agreed upon and
there can be, between the parties and their
successors in interest, no evidence of such
terms other than the contents of the written
agreement.”
 3. QUESTIONS THAT CALL FOR
CONCLUSIONS

 Substantive objection
 Used in direct examination (DX)
 Both question-based & answer-based
(QB/AB)
 Link – Leading
 Calls for an ultimate conclusion
Is he guilty? Was he negligent? Did he
breach the contract?
 Calls for an opinion by an incompetent
witness
What do you think? Was he qualified?
I believe that …
In my opinion …
 State the specific objection…
CONCLUSIONS

Objection, Your Honor, the question

calls for a conclusion.

Your Honor, I move to strike the

answer on the ground that it is not a
statement of fact but a conclusion.
General Rule – Opinion of a
witness is inadmissible
Exceptions – Expert witness,
Ordinary witness (identity,
handwriting, sanity,
behavior, emotion,
condition, appearance)
Rule 130, Sec. 48
“The opinion of a witness is not admissible xxxx”
Rule 130, Secs. 49 – 50
“The opinion of a witness on a matter requiring
special knowledge, skill, experience or training
which he is shown to possess, may be received in
evidence.”
“The opinion of a witness for which proper basis is
given may be received in evidence regarding – (a)
The identity of a person xxx; (b) A handwriting xxx;
(c) The mental sanity of a person xxxx.
The witness may also testify on his impressions of
the emotion, behavior, condition or appearance of a
person.”
 4. FACTS ASSUMED

 Formal objection
 Used in both direct examination & cross-
examination (DX/CX)
 Both question-based & answer-based
(QB/AB)
 Links – Leading, Misleading
 Signals – Watch out for questions that:
 Are very long i.e. takes 10–15 seconds to ask
 Contain too much information
 Make assumptions
 Tends to advance the enemy’s case through the
attorney
 Also known as “assuming-facts-not-in-evidence”;
also used as “no basis” or “lacks basis”
 Could also be “misleading” if fact assumed
misstates the evidence or misquotes the witness
 State the specific objection…
FACTS ASSUMED
Objection, Your Honor, the question assumes facts
not in evidence.

Objection, Your Honor, the question is misleading

and assumes facts contrary to the evidence that has
preceded.

Objection, Your Honor, I move to strike the answer

because it is misleading and it is contradictory to
what is stated in the document.
 Legal Basis
FACTS ASSUMED

Definition of a misleading Rule 132, Sec. 10,

question – one which assumes last par.
as true a fact not yet testified, “A misleading question is one which
assumes as true a fact not yet testified to by
or contrary to that which he the witness, or contrary to that which he has
previously stated xxxx”
has previously stated
 5. HEARSAY

 Substantive objection
 Used in both direct examination & cross-
examination (DX/CX)
 Both question-based & answer-based
(QB/AB)
 Links – Best Evidence, Speculative
 First of the two POWER OBJECTIONS
 Guide/Test Question

How does the witness

know that?
 If the answer is anything other than personal
knowledge, it is HEARSAY.
 If the information is from a 3rd party or a
document prepared by a 3rd party, it is
HEARSAY.
 OBJECT – Other party has burden to prove
exception
 State the specific objection…
HEARSAY

Objection, Your Honor, the question

calls for a hearsay answer.

Your Honor, I move to strike the

answer of the witness for being
hearsay.
 Legal Basis
HEARSAY

General Rule – a witness can

testify only to those facts which
he knows of his personal
knowledge; derived from his
personal perception
Rule 130, Sec. 36
“A witness can testify only to those facts
which he knows of his personal
knowledge; that is, which are derived
from his own perception xxxx”
Exceptions – Dying declarations; Rule 130, Sec. 37-
Declarations against interest; Pedigree; 47
Family reputation or pedigree; Res 1. Dying declaration
gestae; Entries in the course of official (Sec. 37)
business & official records; Commercial 2. Declaration against
lists; Learned treatises; Testimony in a interest (Sec. 38)
former proceeding
3. Act or declaration
about pedigree (Sec.
39)
4. Family reputation or
tradition regarding
pedigree (Sec. 40)
5. Common reputation
(Sec. 41)
6. Part of the res gestae
(Sec. 42)
7. Entries in the course of
business (Sec. 43)
8. Entries in official records
(Sec. 44)
9. Commercial lists and the
like (Sec. 45)
10. Learned treatises (Sec.
46)
11. Testimony or deposition
at a former proceeding
(Sec. 47)
 6. IRRELEVANT OR
IMMATERIAL

 Substantive objection
 Used in both direct examination & cross-
examination (DX/CX)
 Both question-based & answer-based
(QB/AB)
 Guide/Test Question

Will this resolve a key or

material issue in this case?
 IRRELEVANT – any evidence not tending to
establish the probability of the fact in issue
 IMMATERIAL – does not relate to a fact
critical to the outcome of this case
 Watch out for the “I’ll link it up later” scam
 State the specific objection…
IRRELEVANT OR
IMMATERIAL

Objection, Your Honor, irrelevant and

immaterial.

Your Honor, I move to strike the

answer of the witness for being
irrelevant and immaterial.
 Legal Basis
IRRELEVANT OR IMMATERIAL

Relevancy; collateral matters Rule 128, Sec. 4

“Evidence must have such relation to the
are disallowed fact in issue as to induce belief in its
existence or non-existence xxxx”

Exception to collateral Rule 128, Sec. 4

“Evidence on collateral matters shall not
matters – tends in any be allowed, except when it tends in any
reasonable degree to establish the
reasonable degree to probability or improbability of a fact in
issue.”
establish the probability of
the fact in issue
Note: IS IT IN THE PLEADING?
IS IT IN THE INFORMATION?
 7. LEADING

 Formal objection
 Used in direct examination (DX)
 Question-based (QB)
 Signals – CONTRACTIONS in questions
Isn’t? Isn’t it true that …?
Isn’t it a fact …?
Didn’t? Don’t? Shouldn’t? Couldn’t?

 Watch out for questions that:

 Suggest the answer
 Contain declarative statements and
conclusions
 State the specific objection…
LEADING

Objection, Your Honor, the question is

leading.
 Legal Basis
LEADING

GENERAL RULE – Leading Rule 132, Sec. 10

“A question which suggests to the witness
questions are not allowed the answer which the examining party
desires is a leading question xxxx”

EXCEPTIONS – During Rule 132, Sec. 10

cross-examination;
Preliminary matters;
Difficulty in getting
intelligible answers;
Unwilling or hostile witness;
Adverse party witness
“It is not allowed, except: (a) on cross-
examination; (b) on preliminary matters;
(c) when there is difficulty in getting
direct and intelligible answers from xxx
ignorant, child of tender years, or is of
feeble mind, or a deaf-mute; (d) of an
unwilling or hostile witness; (e) of a
witness who is an adverse party xxxx”
 8. MULTIPLE AND
NARRATIVE

 Formal objection
 Used in both direct examination &
cross-examination (DX/CX)
 Question-based (QB)
 Signal – the conjunction “AND”
 Also covers Narratives
 State the specific objection…
MULTIPLE AND NARRATIVE

Objection, Your Honor, the question calls for

multiple answers.

Objection, Your Honor, opposing counsel is

asking for a narrative and that deprives me
of the opportunity to listen and object to
the individual questions and answers.
 Legal Basis
MULTIPLE AND NARRATIVE

Questions should not be Rule 132, Sec. 3

“However, it is the right of a witness : (1)
confusing to witness & to to be protected from xxx improper xxx
questions xxxx”
the court

Depriving the adverse party Rule 132, Sec. 36

of the opportunity to object “Objection to a question propounded in
the course of oral examination of a
witness shall be made as soon as the
grounds therefor shall become reasonably
apparent.”
 9. PRIVILEGE

 Substantive objection
 Used in both direct examination &
cross-examination (DX/CX)
 Both question-based & answer-
based (QB/AB)
 Link - Hearsay
 Watch out for any CONFIDENTIAL
RELATIONSHIP i.e. Husband-wife; Lawyer-
client; Physician-patient; Priest-penitent; Public officer
 Second of two POWER OBJECTIONS
Implications of failure to object
and failure to protect your client’s
privilege goes on beyond the hearing
 State the specific objection…
PRIVILEGE

Objection, Your Honor, the subject

matter is privileged.

Your Honor, I move that the answer be

stricken because it is privileged.
Marital Rule 130, Sec. 22
disqualification “During their marriage, neither the husband nor spouse may testify for or
against the other without the consent of the affected spouse xxxx”

Privileged Rule 130, Sec. 24

communications “(a) The husband or the wife, during the marriage, cannot be examined
without the consent of the other as to any communication received in
confidence by one from the other xxxx”

“(b) An attorney cannot, without the consent of his client, be examined as

to any communication made by the client to him, or his advice given
thereon in the course of, or with a view to, professional employment xxxx”

“(c) A person authorized to practice medicine, surgery or obstetrics cannot

in a civil case, without the consent of the patient, be examined as to any
advice or treatment given by him or any information which he may have
acquired in attending such patient in a professional capacity xxx which
would blacken the reputation of the patient”

“(d) A minister or priest cannot, without the consent of the person making
the confession, be examined as to any confession made to or any advice
given by him in his professional character in the course of discipline
enjoined by the church to which the minister or priest belongs”

“(e) A public officer cannot be examined during his term of office or

afterwards, as to communications made to him in official confidence, when
the court finds that the public interest would suffer by the disclosure. “
Newsman’s Rep. Act No. 53, Sec. 1, as amended
privilege by Rep. Act No. 1477
"Sec. 1. Without prejudice to his liability under the civil and criminal laws,
the publisher, editor columnist or duly accredited reporter of any
newspaper, magazine or periodical of general circulation cannot be
compelled to reveal the source of any news-report or information
appearing in said publication which was related in confidence to such
publisher, editor or reporter unless the Court or a House or committee of
Congress finds that such revelation is demanded by the security of the
State."

Informant’s People v. Capulong, 160 SCRA 533

privilege “The non-presentation of Estacio as witness is not fatal to the
prosecution's case. His testimony would be merely corroborative and
cumulative (See People v. Cerelegia, 147 SCRA 538).”

Right against self- Const., Art. III, Sec. 17

incrimination “No person shall be compelled to be a witness against himself.”
 10. REPETITIVE

Formal objection
Used in both direct examination
& cross-examination (DX/CX)
Question-based (QB)
Link - Argumentative
 Signal – the question is similar to
prior questions
 Be cautious of favorable responses
(will be asked again to be repeated)
& unfavorable responses (question
will be repeated for witness to
correct the answer)
 State the specific objection…
REPETITIVE

Objection, Your Honor, the question

has been asked and answered.

Objection, Your Honor, the question is

repetitve.
 Legal Basis
REPETITIVE
Right of a witness to be Rule 132, Sec. 3
“SECTION 3.Rights and obligations of a witness. — A
protected from witness must answer questions, although his answer
may tend to establish a claim against him. However, it
repetitive questions is the right of a witness:
(1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests of
justice require;
(3) Not to be examined except only as to matters
pertinent to the issue;
(4) Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise
provided by law; or
(5) Not to give an answer which will tend to degrade
his reputation, unless it be to the very fact at issue or
to a fact from which the fact in issue would be
presumed. But a witness must answer to the fact of his
previous final conviction for an offense.”
 11. SPECULATIVE

 Substantive objection
 Used in direct examination (DX)
 Both question-based & answer-
based (QB/AB)
 Links – Hearsay, Conclusion
 Guide/Test Question
How does the witness know
that?
 Signals – the words “would” and “should” and
questions like that ask a witness to guess about an
information that the witness does not personally
possess
What was X’s motive? What was in X’s mind?
Is it possible that …?

 OK to ESTIMATE but must have personal

information
 State the specific objection…
SPECULATIVE

Objection, Your Honor, the question

is speculative.

Objection, Your Honor, the witness is being

asked to speculate.

Objection, Your Honor, I move to strike the

witness’ answer for being speculative.
 Legal Basis
SPECULATIVE
GENERAL RULE – Rule 130, Sec. 36
“A witness can testify only to those facts which he
witness testifies only knows of his personal knowledge; that is, which are
derived from his own perception xxxx”
on matters of personal
knowledge
EXCEPTIONS – when Rule 130, Secs. 48 – 50
“The opinion of a witness on a matter requiring
opinions of witnesses special knowledge, skill, experience or training which
he is shown to possess, may be received in evidence.”
are allowed
“The opinion of a witness for which proper basis is
given may be received in evidence regarding – (a) The
identity of a person xxx; (b) A handwriting xxx; (c) The
mental sanity of a person xxxx.

The witness may also testify on his impressions of the

emotion, behavior, condition or appearance of a
person.”
 12. VAGUE

 Formal objection
 Used in both direct examination &
cross-examination (DX/CX)
 Only question-based (QB)
 Signals – Watch out for questions
that:
 Are very long i.e. takes 10–15

seconds to ask
 Call for information that is very

non-specific
 You don’t understand
 State the specific objection…
VAGUE

Objection, Your Honor, the question is

vague.
 Legal Basis
VAGUE

Right of a witness to be Rule 132, Sec. 3

“xxx To be protected from xxx improper
protected from vague xxx questions xxxx”

questions
Relevancy Rule 128, Secs.
3-4
“Evidence is admissible when it is
relevant to the issue xxxx”

“Evidence must have such relation to the

fact in issue as to induce belief in its
existence or non-existence xxxx”
 13. WITNESS IS
INCOMPETENT

 Substantive objection
 Used in both direct examination &
cross-examination (DX/CX)
 Both question-based & answer-
based (QB/AB)
 Links – Hearsay; Speculative
 Witness has no personal
knowledge or witness was not pre-
qualified as an expert witness
 State the specific objection…
WITNESS IS INCOMPETENT

Objection, Your Honor,

the witness is incompetent.

Your Honor, I move to strike the

answer of the witness on the
ground that he is incompetent to
testify on such matters.
 Legal Basis
WITNESS IS INCOMPETENT

Witness may only testify Rule 130, Sec. 36

“A witness can testify only to those facts which
on matters of personal he knows of his personal knowledge; that is,
which are derived from his own perception

knowledge xxxx”

Admissibility of relevant Rule 128, Sec. 3

“Evidence is admissible when it is relevant to
evidence the issue xxxx”
 14. INSUFFICIENT
AUTHENTICATION/NO PROPER/
IMPROPER FOUNDATION

Substantive objection
Used in both direct examination
& cross-examination (DX/CX)
Both question-based & answer-
based (QB/AB)
 The document has not been
identified, identified and/or
authenticated.
 INSUFFICIENT
State the specific objection…
AUTHENTICATION/ NO PROPER/
IMPROPER FOUNDATION

Objection, Your Honor, there has been no

prior authentication of the document.

Objection, Your Honor, there has been no

proof of who executed this document.

Objection, Your Honor, there is no proper

foundation for this exhibit.
 Your Honor, I move to strike the
answer of the witness on the
ground that there has been no
prior authentication of, or
foundation for, the document upon
which it is based.
 INSUFFICIENT
Legal Basis
AUTHENTICATION/ NO PROPER/
IMPROPER FOUNDATION

Classes of Rule 132, Sec. 19

“For the purpose of their presentation in evidence, documents
documents are either public or private xxxx”

Private Rule 132, Secs. 20-22

“xxx its due execution and authenticity must be proved either:
documents (a) by anyone who saw the document executed or written; or (b)
by evidence of the genuineness of the signature or handwriting
of the maker xxxx”
“xxx more than thirty years old, is produced from a custody in
which it would naturally be found if genuine, and is
unblemished by any alterations or circumstances of suspicion
xxxx”
“xxx handwriting xxx may be proved by any witness who
believes it to be the handwriting of such person because he has
seen the person write, or has seen writing purporting to be his
upon which the witness has acted or been charged, and has thus
acquired knowledge of the handwriting of the person xxx
comparision xxx with writing admitted or treated as genuine by
[adverse] party xxxx”
Public documents Rule 132, Secs. 23-26
“Documents consisting of entries in public records xxx are prima facie evidence of the facts therein
stated xxxx”

“The record of public documents xxx may be evidenced by an official publication thereof or by a
copy attested by the officer having legal custody of the record, or by his deputy, and accompanied, if
the record is not kept in the Philippines, with a certificate that such officer has custody xxxx”

“xxx attestation must state, in substance, that the copy is a correct copy of the original or a specific
part thereof xxx must be under the official seal of the attesting officer xxx or xxx court.

“Any public record, an official copy of which is admissible in evidence, must not be removed from
the office in which it is kept xxxx”
 15. BEYOND THE SCOPE
OF DIRECT

Substantive objection
Used in cross-examination (CX)
Only question-based (QB)
Link - Leading
 Signals – Watch out for questions
that:
 Contain statements that were not
covered during the direct examination
 Make your witness as the enemy

attorney’s own witness

 State the specific objection…
BEYOND THE SCOPE
OF DIRECT

Objection, Your Honor, this is beyond

the scope of the direct.

Objection, Your Honor, this matter was

not covered during the direct
examination.
 Legal Basis
BEYOND THE SCOPE
OF DIRECT
English Rule Rule 132, Sec. 6;
“xxx witness may be cross-examined by the adverse party as to any
(for civil cases) – matter stated in the direct xxx or connected therewith, with sufficient
fullness and freedom to test his accuracy and truthfulness and
CX to elicit all freedom from interest or bias, or the reverse, and to elicit important
facts bearing upon the issue.”
important facts
Gonzales v. Bautista [(CA) 52 O.G. 4692 (1956)]; Capitol Subd.,
bearing upon the Inc. v. Prov. of Negros Occidental [(SC) 52 O.G. 4672 (1956)]
issue i.e. COVERED
by the DX and
RELATED to the area
covered by the DX
American Rule – (for Rule 115, Section 1(d);
“To testify as a witness in his own behalf but subject to cross-
criminal cases & hostile examination on matters covered by direct examination xxxx”

witnesses) – CX only in Rule 132, Secs. 11-12;

“xxx except that it may be shown by the examination of the
the area COVERED by the witness, or the record of the judgment, that he has been
convicted of an offense.”
DX; CX limited to the DX “The unwilling or hostile witness xxx may also be xxx cross-
examined by the adverse party, but such cross-examination
of the hostile witness must only be on the subject matter of his examination-in-chief.”
 16. IMPROPER FOR
RE-DIRECT & RE-CROSS

Substantive objection
Used in re-direct examination &
re-cross-examination (RD/RX)
Only question-based (QB)
 Questions pertain to matters
which the witness did not testify on
during his cross-examination and/or
re-direct examination
 State the specific objection…
IMPROPER FOR RE-DIRECT/
RE-CROSS

Objection, Your Honor, this is beyond the

scope of the re-direct examination.

Objection, Your Honor, this matter was

not covered during the
cross- examination.
 Legal Basis
IMPROPER FOR RE-DIRECT/
RE-CROSS

Limited scope of re- Rule 132, Secs. 7-8

“After the cross-examination xxx he may be re-
direct examination & examined xxx to explain or supplement his
answers given during cross-examination xxxx”

re-cross examination “Upon the conclusion of the re-direct, xxx may

recross-examine the witness on matters stated
in the re-direct xxxx”
 17. IMPROPER
CHARACTERIZATION

 Substantive objection
 Used in direct examination & cross-
examination (DX/CX)
 Both question-based & answer-
based (QB/AB)
 Links – Argumentative, Conclusion
 Signal – Questions & answers that
contain SLANTED ADJECTIVES

“negligent driver”, “malicious thief”,

“rescinded contract”
 State the specific objection…
IMPROPER
CHARACTERIZATION

Objection, Your Honor, I object to the

improper characterization of …

Your Honor, I move that the answer be

stricken for being an improper
characterization.
 Legal Basis
IMPROPER
CHARACTERIZATION

Rights of a witness Rule 132, Sec. 3

“xxx To be protected from xxx insulting
questions, and from harsh or insulting
demeanor xxxx”

Opinion rule Rule 130, Secs. 48-50

“The opinion of a witness is not admissible
xxx”
“The opinion of a witness for which proper
basis is given may be received in evidence
regarding – (a) The identity of a person xxx; (b)
A handwriting xxx; (c) The mental sanity of a
person xxxx.

The witness may also testify on his impressions

of the emotion, behavior, condition or
appearance of a person.”
 18. NON-RESPONSIVE TO
THE QUESTION

Formal objection
Used in direct examination &
cross-examination (DX/CX)
Only answer-based (AB)
Link – Irrelevant or Immaterial
 Answer is not related to/different
from the question
 Answer does not correspond to the
question asked
 State the specific objection…
NON-RESPONSIVE TO
THE QUESTION

Your Honor, I move that the

answer be stricken for not being
responsive
to the question.
 Legal Basis
NON-RESPONSIVE TO
THE QUESTION

Relevancy Rule 128, Secs. 3-4

“Evidence is admissible when it is relevant to the issue and is

not excluded by the law or these Rules.”
“Evidence must have such a relation to the fact in issue as to
induce its existence or non-existence.”
 19. IMPROPER MODE/
MANNER OF QUESTIONING

Formal objection
Used in direct examination &
cross-examination (DX/CX)
Only question-based (QB)
Link – Argumentative
 Signals
 DEMEANOR of enemy attorney
 Shouting, pounding the table, getting too close to
the witness
 TONE of enemy attorney
 Loud, sarcastic
 INSULTING WORDS in questions and
snide remarks or comments
 State the specific objection…
IMPROPER MODE/ MANNER
OF QUESTIONING

Objection, Your Honor, the opposing

counsel is badgering my witness.
 Legal Basis
IMPROPER MODE/ MANNER
OF QUESTIONING

Rights of a witness Rule 132, Sec. 3

“xxx To be protected from xxx improper or

insulting questions, and from harsh or insulting
demeanor xxxx”
 Mnemonics for the BIG 12

ABC FHILM
RSVP
A B C Argumentative, Best Evidence,
Conclusion,
F H I L M Facts Assumed, Hearsay, Irrelevant/
Immaterial, Leading, Multiple
R S V P Repetitve, Speculative, Vague,
Privilege
 Mnemonics for the
Plus 6-7 (the 2nd ABC …)

ABC RIM
A B C Authentication (Insufficient), Beyond The
Scope (of DX; Improper for RD/RC),
Characterization (Improper)
R I M Non-Responsive To The Question,
Incompetent Witness, (Improper
Mode/Manner of Questioning)