Legal Definitions - Objection

An objection is a formal protest made by an attorney during a trial or other legal proceeding. It is used to indicate that the attorney wants the judge to disallow certain testimony or evidence that would violate the rules of evidence or other procedural law.

When an objection is made, the judge will make a ruling. If the judge agrees with the objection, they will sustain it and disallow the testimony or evidence. If the judge disagrees, they will overrule the objection and allow the testimony or evidence.

Some common objections include:

• Irrelevant: The testimony or evidence is not relevant to the case.
• Incompetent witness: The witness is not qualified to testify.
• Violation of the best evidence rule: The evidence being presented is not the best available.
• Violation of the hearsay rule: The testimony is based on hearsay (secondhand information).
• Speculative: The question calls for the witness to speculate about something.
• Leading: The question is designed to lead the witness to a certain answer.
• Violation of the parol evidence rule: The evidence being presented contradicts a written agreement.
• Repetitive (also Asked and answered): The question has already been asked and answered.

For example, if a lawyer asks a witness a question that calls for speculation, the opposing lawyer may object. The judge will then decide whether to sustain or overrule the objection.