Trial Objection

Trial Objection

Trial Objection

An objection states the specific ground for excluding evidence or barring a question. Common grounds include hearsay, lack of foundation, speculation, relevance, leading, argumentative, and asked and answered.

A timely and specific objection is generally required to preserve the issue for appellate review.

Alternative Names:

Objection, Evidentiary Objection

Why it Matters?

Objection practice balances preservation against jury perception, since a lawyer who objects constantly appears to be hiding something. The disciplined approach is to resolve as much as possible through motions in limine so that trial objections are few and consequential. When an objection is necessary, specificity matters, because a general objection frequently fails to preserve the issue on appeal.

Frequently asked questions

Does a general objection preserve the issue?

Does a general objection preserve the issue?

Usually not. Appellate courts commonly require the specific ground to have been stated, unless it was apparent from context.

What if evidence is excluded?

What if evidence is excluded?

The proponent should make an offer of proof describing what the evidence would have shown, which is required to preserve the exclusion for appeal.