OBJECTIONS!Why, How and When To Object

LitigationDepartment

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.The total amount of time between the end of an

enemy attorney’s question and when a witness starts to answer – LESS THAN ONE SECOND!

DIRECTEXAM(DX)

CROSS-EX(CX)

OBJECTIONPHASE

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

2. May give enemy attorney & witness more time to think

3. May suggest to the enemy how to ask a proper question

4. Answer may be favorable to you

5. Irrelevant questions & answers are not critical to your case

6. Objectionable questions (Formal but not Substantive) may be rephrased 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, the judge

would tell you this:If you object too long, the enemy attorney

would have finished the question and the witness may have answered.

Counsel, let the opposing

counsel 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

attorney to finish hisquestion and then OBJECT stating your objection/s.

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

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 objectionUsed 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

Objection, Your Honor, argumentative.

State the specific objection… ARGUMENTATIVE

Objection, Your Honor, opposing counsel is impeaching and arguing

with his own witness.

Objection, Your Honor, misleading.

Legal BasisARGUMENTATIVE

Repetitive and insulting questions

Rule 132, Sec. 3“It is the right of a witness:(1) To be protected from xxx improper or insulting questions, and from harsh or insulting demeanor.”

Impeaching his own witness

Rule 132, Sec. 12“xxx the party producing a witness is not allowed to impeach his own credibility.”

Assumes facts opposite/different from prior testimony

Rules 132, Sec. 10“A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has 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 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

What did it say?

Objection, Your Honor, this is not the best evidence of the

contents of the writing. Produce the original.

State the specific objection… BEST EVIDENCE

Your Honor, I move to strike the witness’ answer on the ground that it violates the

Best Evidence Rule.

Legal BasisBEST 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

Calls for an opinion by an incompetent witness

Is he guilty? Was he negligent? Did he breach the contract?

What do you think? Was he qualified?

I believe that …In my opinion …

Objection, Your Honor, the question calls for a conclusion.

State the specific objection… CONCLUSIONS

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

Rule 130, Sec. 48“The opinion of a witness is not admissible xxxx”

Exceptions – Expert witness, Ordinary witness (identity, handwriting, sanity, behavior, emotion, condition, appearance)

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

Objection, Your Honor, the question assumes facts not in evidence.

State the specific objection… FACTS ASSUMED

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 BasisFACTS ASSUMED

Definition of a misleading question – one which assumes as true a fact not yet testified, or contrary to that which he has previously stated

Rule 132, Sec. 10, last par.“A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated xxxx”

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

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

How does the witness

know that?

Objection, Your Honor, the question calls for a hearsay

answer.

State the specific objection… HEARSAY

Your Honor, I move to strike the answer of the witness for being

hearsay.

Legal BasisHEARSAY

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; Declarations against interest; Pedigree; Family reputation or pedigree; Res gestae; Entries in the course of official business & official records; Commercial lists; Learned treatises; Testimony in a former proceeding

Rule 130, Sec. 37-47

1. Dying declaration (Sec. 37)

2. Declaration against interest (Sec. 38)

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

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

Will this resolve a key or material issue in

this case?

Objection, Your Honor, irrelevant and immaterial.

State the specific objection… IRRELEVANT OR IMMATERIAL

Your Honor, I move to strike the answer of the witness for being

irrelevant and immaterial.

Legal BasisIRRELEVANT OR

IMMATERIALRelevancy; collateral matters are disallowed

Rule 128, Sec. 4“Evidence must have such relation to the fact in issue as to induce belief in its existence or non-existence xxxx”

Exception to collateral matters – tends in any reasonable degree to establish the probability of the fact in issue

Rule 128, Sec. 4“Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of a fact in issue.”

Note: IS IT IN THE PLEADING?IS IT IN THE

INFORMATION?

7. LEADING

Formal objectionUsed in direct examination

(DX)Question-based (QB)

Signals – CONTRACTIONS in questions

Watch out for questions that: Suggest the answer Contain declarative statements and

conclusions

Isn’t? Isn’t it true that …? Isn’t it a fact …?

Didn’t? Don’t? Shouldn’t? Couldn’t?

Objection, Your Honor, the question is leading.

State the specific objection… LEADING

Legal BasisLEADING

GENERAL RULE – Leading questions are not allowed

Rule 132, Sec. 10“A question which suggests to the witness the answer which the examining party desires is a leading question xxxx”

EXCEPTIONS – During cross-examination; Preliminary matters; Difficulty in getting intelligible answers; Unwilling or hostile witness; Adverse party witness

Rule 132, Sec. 10“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 objectionUsed in both direct

examination & cross-examination (DX/CX)

Question-based (QB) Signal – the conjunction “AND” Also covers Narratives

Objection, Your Honor, the question calls for multiple answers.

State the specific objection… MULTIPLE AND

NARRATIVE

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 BasisMULTIPLE AND

NARRATIVE

Questions should not be confusing to witness & to the court

Rule 132, Sec. 3“However, it is the right of a witness : (1) to be protected from xxx improper xxx questions xxxx”

Depriving the adverse party of the opportunity to object

Rule 132, Sec. 36“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 objectionUsed 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

Objection, Your Honor, the subject matter is privileged.

State the specific objection… PRIVILEGE

Your Honor, I move that the answer be stricken because it is privileged.

Marital disqualification

Rule 130, Sec. 22“During their marriage, neither the husband nor spouse may testify for or against the other without the consent of the affected spouse xxxx”

Privileged communications

Rule 130, Sec. 24“(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 privilege

Rep. Act No. 53, Sec. 1, as amended 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 privilege

People v. Capulong, 160 SCRA 533“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-incrimination

Const., Art. III, Sec. 17“No person shall be compelled to be a witness against himself.”

10.REPETITIVE

Formal objectionUsed 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)

Objection, Your Honor, the question has been asked and

answered.

State the specific objection… REPETITIVE

Objection, Your Honor, the question is repetitve.

Legal BasisREPETITIVE

Right of a witness to be protected from repetitive questions

Rule 132, Sec. 3“SECTION 3. Rights and obligations of a witness. — A witness must answer questions, although his answer may tend to establish a claim against him. However, it 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 objectionUsed in direct examination

(DX)Both question-based & answer-

based (QB/AB)Links – Hearsay, Conclusion

Guide/Test Question

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

OK to ESTIMATE but must have personal information

How does the witness know that?

What was X’s motive? What was in X’s mind?

Is it possible that …?

Objection, Your Honor, the question is speculative.

State the specific objection… 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 BasisSPECULATIVE

GENERAL RULE – witness testifies only on matters of personal knowledge

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 – when opinions of witnesses are allowed

Rule 130, Secs. 48 – 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.”

12.VAGUE

Formal objectionUsed 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

Objection, Your Honor, the question is vague.

State the specific objection… VAGUE

Legal BasisVAGUE

Right of a witness to be protected from vague questions

Rule 132, Sec. 3“xxx To be protected from xxx improper xxx questions xxxx”

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 objectionUsed 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

Objection, Your Honor, the witness is incompetent.

State the specific objection… 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 BasisWITNESS IS

INCOMPETENT

Witness may only testify on matters of personal knowledge

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”

Admissibility of relevant evidence

Rule 128, Sec. 3“Evidence is admissible when it is relevant to the issue xxxx”

14. INSUFFICIENT AUTHENTICATION/NO PROPER/ IMPROPER

FOUNDATION

Substantive objectionUsed 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.

Objection, Your Honor, there has been no prior authentication of the

document.

State the specific objection… INSUFFICIENT

AUTHENTICATION/ NO PROPER/ IMPROPER FOUNDATION

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.

Legal Basis INSUFFICIENT AUTHENTICATION/ NO PROPER/

IMPROPER FOUNDATION

Classes of documents

Rule 132, Sec. 19“For the purpose of their presentation in evidence, documents are either public or private xxxx”

Private documents

Rule 132, Secs. 20-22“xxx its due execution and authenticity must be proved either: (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 objectionUsed 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

Objection, Your Honor, this is beyond the scope of the direct.

State the specific objection…BEYOND THE SCOPE

OF DIRECT

Objection, Your Honor, this matter was not covered during the direct

examination.

Legal BasisBEYOND THE SCOPE

OF DIRECTEnglish Rule (for civil cases) – CX to elicit all important facts bearing upon the issue i.e. COVERED by the DX and RELATED to the area covered by the DX

Rule 132, Sec. 6;“xxx witness may be cross-examined by the adverse party as to any matter stated in the direct xxx or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit important facts bearing upon the issue.”

Gonzales v. Bautista [(CA) 52 O.G. 4692 (1956)]; Capitol Subd., Inc. v. Prov. of Negros Occidental [(SC) 52 O.G. 4672 (1956)]

American Rule – (for criminal cases & hostile witnesses) – CX only in the area COVERED by the DX; CX limited to the DX of the hostile witness

Rule 115, Section 1(d);“To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination xxxx”

Rule 132, Secs. 11-12;“xxx except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense.”“The unwilling or hostile witness xxx may also be xxx cross-examined by the adverse party, but such cross-examination must only be on the subject matter of his examination-in-chief.”

16.IMPROPER FOR RE-DIRECT & RE-

CROSSSubstantive objectionUsed 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

Objection, Your Honor, this is beyond the scope of the re-direct

examination.

State the specific objection…IMPROPER FOR RE-DIRECT/ RE-CROSS

Objection, Your Honor, this matter was not covered during the

cross- examination.

Legal BasisIMPROPER FOR RE-

DIRECT/RE-CROSS

Limited scope of re-direct examination & re-cross examination

Rule 132, Secs. 7-8“After the cross-examination xxx he may be re-examined xxx to explain or supplement his answers given during cross-examination xxxx”

“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 objectionUsed 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”

Objection, Your Honor, I object to the improper characterization of

…

State the specific objection…IMPROPER

CHARACTERIZATION

Your Honor, I move that the answer be stricken for being an

improper characterization.

Legal BasisIMPROPER

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 QUESTIONFormal objectionUsed 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 BasisNON-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 objectionUsed 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 attorneyLoud, sarcastic

INSULTING WORDS in questions and snide remarks or comments

Objection, Your Honor, the opposing counsel is badgering

my witness.

State the specific objection…IMPROPER MODE/

MANNER OF QUESTIONING

Legal BasisIMPROPER 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

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

ABC FHILM RSVP

Mnemonics for the Plus 6-7 (the 2nd ABC …)

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)

ABC RIM