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Lawyers can object to irrelevant or questionable evidence during a trial. Hearsay is a common objection, as is leading questioning and harassment of witnesses. Materiality objections may arise, but can be rejected by the judge if the information is important to the case. Objections are recorded and upheld or cancelled by the judge.
There are a number of possible procedural objections that a lawyer can proclaim. Lawyers can intervene when there is a hearsay issue or when important questions are being asked of a witness. During a hearing, only relevant information should be introduced. When questionable evidence or witness testimony is presented that is not relevant to the case, a pertinence objection may arise. A lawyer’s failure to timely objection to trial often leads to the admission of potentially damaging evidence, when it otherwise would have been dismissed.
Hearsay is one of the most common procedural objections. It often happens when a witness makes a statement detailing what another person said outside of a courtroom. For example, a witness usually cannot testify about what someone not present in court may have previously told them. The witness can, however, indicate what actions you observed.
Lawyers generally have to be very careful in how they question witnesses. Opponent counsel often objects to leading questions. There are often minor differences in format, but if placed improperly, objections to the process are likely to occur. For example, “What time did the defendant arrive?” it is an appropriate request because it can be answered in a number or ways. The question itself does not lead to an answer, unlike “Isn’t it true that the defendant arrived at midnight?”
Whether a lawyer is a prosecutor or a defender, the stakes are often very high and lawyers are often under a great deal of pressure. Sometimes, they may address a witness in such a way that it could be considered harassing. Harassing or intimidating a witness by instilling sarcasm, making comments that are not in the form of a pertinent question, or repeating questions that the witness has already answered will likely result in the opposing attorney objecting to trial.
For physical evidence or testimony to be admissible, its significance to the case must be established. Materiality objections may concern a defendant’s previous negative acts that have nothing to do with the crime for which he is accused. Another example may include the defendant’s educational background or family history. There are times, however, when this type of information is important to the case. In these cases, the objections can be rejected by the judge.
Every time a lawyer expresses an objection, a sentence or a decision is recorded in the file. If the judge decides that there is a legal basis for the protest, it will be upheld. If not, the judge will cancel it. Once an objection is overruled, physical evidence may be introduced or it is generally permitted to continue testifying.
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