In law, an objection is a formal protest or challenge raised by a party during legal proceedings to contest the admissibility of evidence, the relevance of testimony, or the conduct of the opposing party. Objecting allows parties to assert their rights, protect the integrity of the legal process, and prevent unfair or prejudicial practices. Common objections include objections to hearsay, leading questions, speculation, irrelevant evidence, and improper characterisations. When an objection is made, the presiding judge evaluates its validity and decides whether to sustain (uphold) or overrule (reject) the objection. If sustained, the objection may result in the exclusion of the evidence or testimony in question from consideration by the court or jury. If overruled, the evidence or testimony is allowed to be presented and considered in the proceedings. Objecting effectively requires a clear understanding of the rules of evidence, procedural rules, and case law, as well as skill in articulating legal arguments and objections.
the act of expressing earnest opposition or protest
n. a lawyer’s protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked. A proper objection must be based on one of the specific reasons for not allowing a question. These include: irrelevant, immaterial, incompetent (often stated together, which may mean the question is not about the issues in the trial or the witness is not qualified to answer), hearsay (the answer would be what someone told the witness rather than what he/she knew first-hand), leading (putting words in the mouth of one’s own witness), calls for a conclusion (asking for opinion, not facts), compound question (two or more questions asked together), or lack of foundation (referring to a document lacking testimony as to authenticity or source). An objection must be made quickly and loudly to halt the witness before he/she answers. The judge will either “sustain” the objection (ruling out the question) or “overrule” it (allow the question). The judge may ask for an “offer of proof” in which the lawyer asking the question must explain to the court the reason the question is relevant, and what evidence his/her questions will bring out. Badly worded, confusing or compound questions are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded. An attorney may “object” to a witness’s answer as “non-responsive” to the question, but the proper request should be that the answer or a comment without a question be “stricken” from the record.
- The act of objecting.
- A statement expressing opposition, or a reason or cause for expressing opposition (generally followed by the adposition to).
- legal An official protest raised in a court of law during a legal trial over a violation of the rules of the court by the opposing party.
An objection is made by an attorney if they want to establish disapproval concerning a specific point of law or procedure during the course of a trial. Objections in court during a trial or proceeding can be evaluated later by an appellate court if they are asked to evaluate the lower court’s actions. Some lawyers recommend never objecting while others object at every possible opportunity. There are several considerations but one is whether the lawyer wants to draw additional attention to the testimony or if they want to protect the record for appeal.
Different lawyers have different strategies for objecting.
Common reasons a lawyer may object are under the following conditions:
- A violation of the pre-trial motion in limine
- against evidence which is prejudicial or which should be inadmissible
- excessive personal attacks on the witness
- when you need an issue to be available for an appeal
- matters that call for an exercise of discretion in deciding.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/objection/
- Modern Language Association (MLA):Objection. dlssolicitors.com. DLS Solicitors. April 29, 2024 https://dlssolicitors.com/define/objection/.
- Chicago Manual of Style (CMS):Objection. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/objection/ (accessed: April 29, 2024).
- American Psychological Association (APA):Objection. dlssolicitors.com. Retrieved April 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/objection/