Objection Basics: Abridged

The condensed version of the content discussed in Objection Basics: Part I, II, III, IV, and V:

Objection: A verbal appeal to the judge in the course of a direct or cross examination to enforce the Rules of Evidence by forbidding a question or excluding an answer.
The Record: A record of the happenings of a trial which the jury will have access to and which they are supposed to base their decisions on. A literal record is not kept in Mock Trial, but competitors are to act as though one is.
The Steps of Making an Objection
1. Stand up and state that you are objecting. Remain standing until the a ruling has been issued.
2. State the rule under which you are objecting.
Steps 1 and 2 will usually be fulfilled in a statement of the form “Objection, Your Honor, [Rule Name or Number].”
3. If necessary, clarify what you’re objecting to.
This can be accomplished either in the initial statement of the objection or in your first response.
4. Make or listen to the initial response.
Request permission to respond before you do, by saying “Your Honor, may I respond?” The initial response should usually be a concise statement of the core argument being made to defend against the objection.
5. Make or listen to the subsequent responses
There are 3 core things that need to be clarified and related to each other logically to make a good objection argument:

• The rule: the principle of law, the logical principle, or the definition of a term that is at issue
• The facts: the statement of the witness or the question of the attorney that is being discussed.
• The connection between the two: in an objection argument, it is the connection between a rule and the facts that is argued about. One side is arguing that what a rule is intended to exclude “matches” the situation here. The other argues that there is no such match, or else that the content here matches an exception to the other rule.

Other guidelines to be kept in mind:

• Pay attention to and respond to the judge’s understanding of the argument.
• Stay coherent. Make sure your responses are consistent with what opposing counsel just said and with each other.
• If you use a copy of the Rules of Evidence, do so sparingly. It is best used only when you’re demonstrating that you have the text of a rule exactly correct.
• Don’t use phrases like “I think,” “I believe,” or “In my opinion...” Your opinions and beliefs don’t matter here.

Rules for your responses, not to be broken under any circumstances:

• Do not “confer with co-counsel”. That means don’t ask your teammates for help, even with the judges permission
• Don’t ask the judge to explain a rule to you
• When the judge rules, stop arguing. Don’t even ask to respond.

6. Conclude the objection argument.
Keep arguing until the judge clearly wishes to rule. If you were making the argument and you won, tell the judge “motion to strike.” This removes the objected-to content from the record.

I have this post in a handout-style PDF format; if you wish to have a copy, email me and I’ll send it. Next time we delve into some advanced objection material.