4. Witness Objections

Question 1

What happens if opposing counsel fails to object to questions?

Answer 1

Waiver of any ground for objection (deemed)

Question 2

When must an objection be made?

Answer 2

Trial testimony

• Before W’s answer
• As soon as W’s answer emerges as inadmissible (motion to strike)

Deposition testimony

• During testimony (form of question - leading)
• After testimony once deposition put in evidence (substance of question/answer - relevance, hearsay)

Question 3

How may objections be upheld on appeal?

Answer 3

General objection (I object)

• General objection sustained + evidence excluded => If other party appeals BUT specific ground for objection => Objection upheld
• General objection overruled + evidence admitted => If objecting party appeals + evidence NOT admissible under any circumstances => Objection upheld

Specific objection (objection, hearsay)
- Specific objection sustained + evidence excluded => If other party appeals BUT correct ground for objection => Objection upheld

Question 4

What is the rule for ‘Opening the Door’?

Answer 4

1) Party offers relevant evidence on subject matter
2) Adverse party can offer relevant evidence on same subject matter

3) Party can NOT complain on relevancy
- Party must counteroffer with relevant evidence

Question 5

What is the ‘Rule of Completeness’?

Answer 5

1) Party offers part/all of writing/recorded statement
2) Adverse party may require other part/related writing or statement
3) Party can NOT complain on introduction of other part based on any grounds

Question 6

Are parties required to respond to testimonies?

Answer 6

Relevant testimony
- Must respond

NON relevant testimony
- May respond (NOT must)