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17 Form Objections and Objections to Evidence Cheat Sheet

Monique Farris

Centro Legal de la Raza

Shirley Gibson

Legal Aid Society of San Mateo County

Lorraine López

Inner City Law Center

If you find this article helpful, you can learn more about the subject by going to www.pli.edu to view the on demand program or segment for which it was written.

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FORM OBJECTIONS:
Ambiguous and Unintelligible The question has a double meaning, capable of being understood in more than one way. Evid. Code §765	Leading Question is leading when it suggests to the witness the answer or fact the examiner wants confirmed. Permitted on direct for hostile witnesses; always permitted on cross. Evid. Code §767
Argumentative Question argues the facts or issues of the case rather than eliciting a direct response.	Immaterial Question asked is of no importance and is of no essential consequence to the case
Asked and Answered Question was previously asked and witness has already answered it. More repetition is allowed on cross than on direct but judge may sustain if the cross-examiner is not moving forward. Evid. Code §765	Assumes Facts not in Evidence There must be a foundation for an assertion in the testimony before the lawyer can assume the fact and ask about it. Evid. Code §765
Compound Question Question contains two or more questions. Evid. Code §765	Calls for a Narrative Question is undirected, no specific questioning and simply calls for witness to give narrative account. Evid. Code §765
Speculation/Lack of Personal Knowledge Question calls for an opinion or conclusion based on personal knowledge the witness doesn’t have. Evid. Code §702, 801	Privileged Attorney/Client Communication Question asks for privileged information. Evid. Code §952 & 955
Exceeds Scope of Direct Question asks for information outside of what the examining attorney brought up in questioning. Evid. Code §761, 773

OBJECTIONS TO EVIDENCE:
Lack of Foundation Must lay foundation before offering into evidence. Evid. Code §403, 405	Irrelevant Evid. Code §210, 350-351
Inadmissable Opinion Lay Witness Evid. Code §800,802,803 Expert Witness -Insufficient Qualification Evod. Code §720(a) -Opinion Based on Improper Material Evid. Code §801

PRESUMPTIONS
Mailed Letters If correctly addresses and properly mailed, presumed to have been received in the ordinary course of mail. Evid. Code §641	Dates on Writings Presumed to have been truly dated. Evid. Code §640

FORM OBJECTIONS:

Ambiguous and Unintelligible

The question has a double meaning, capable of being understood in more than one way. Evid. Code §765

Leading

Question is leading when it suggests to the witness the answer or fact the examiner wants confirmed. Permitted on direct for hostile witnesses; always permitted on cross. Evid. Code §767

Argumentative

Question argues the facts or issues of the case rather than eliciting a direct response.

Immaterial

Question asked is of no importance and is of no essential consequence to the case

Asked and Answered

Question was previously asked and witness has already answered it. More repetition is allowed on cross than on direct but judge may sustain if the cross-examiner is not moving forward. Evid. Code §765

Assumes Facts not in Evidence

There must be a foundation for an assertion in the testimony before the lawyer can assume the fact and ask about it. Evid. Code §765

Compound Question

Question contains two or more questions. Evid. Code §765

Calls for a Narrative

Question is undirected, no specific questioning and simply calls for witness to give narrative account. Evid. Code §765

Speculation/Lack of Personal Knowledge

Question calls for an opinion or conclusion based on personal knowledge the witness doesn’t have. Evid. Code §702, 801

Privileged Attorney/Client Communication

Question asks for privileged information.

Evid. Code §952 & 955

Exceeds Scope of Direct

Question asks for information outside of what the examining attorney brought up in questioning. Evid. Code §761, 773

OBJECTIONS TO EVIDENCE:

Lack of Foundation

Must lay foundation before offering into evidence. Evid. Code §403, 405

Irrelevant

Evid. Code §210, 350-351

Inadmissable Opinion

Lay Witness Evid. Code §800,802,803 Expert Witness

-Insufficient Qualification Evod. Code §720(a)

-Opinion Based on Improper Material Evid. Code §801

PRESUMPTIONS

Mailed Letters

If correctly addresses and properly mailed, presumed to have been received in the ordinary course of mail. Evid. Code §641

Dates on Writings

Presumed to have been truly dated. Evid. Code §640