a lawyer's protest about the legal propriety of a question which has been asked
of a witness by the opposing attorney, with the purpose of making the trial judge
decide if the question can be asked. A proper objection must be based on one of
the specific reasons for not allowing a question. These include irrelevant, immaterial,
incompetent (often stated together, which may mean the question is not about the
issues in the trial or the witness is not qualified to answer), hearsay (the answer
would be what someone told the witness rather than what he/she knew first-hand),
leading (putting words in the mouth of one's own witness), calls for a conclusion
(asking for opinion, not facts), compound question (two or more questions asked
together), or lack of foundation (referring to a document lacking testimony as to
authenticity or source). An objection must be made quickly and loudly to halt the
witness before he/she answers. The judge will either "sustain" the objection (ruling
out the question) or "overrule" it (allow the question). The judge may ask for an
"offer of proof" in which the lawyer asking the question must explain to the court
the reason the question is relevant, and what evidence his/her questions will bring
out. Badly worded, confusing or compound questions are usually challenged by an
objection to the form of the question, which is essentially a demand that the question
be withdrawn and reworded. An attorney may "object" to a witness's answer as "non-responsive"
to the question, but the proper request should be that the answer or a comment without
a question be "stricken" from the record.
See also compound question hearsay immaterial incompetent irrelevant lay a foundation
leading question object overrule sustain
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