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objection

An objection is a formal protest raised by a party or counsel during a legal proceeding asserting that an error, contrary to the rules of evidence or other procedural law , has been or will be made. The purpose of an objection is to provide the court with an opportunity to disallow the introduction of evidence , or to cure the defect at a time when the error may be readily corrected. Accordingly, failure to make an objection to the court in a clear, timely manner may preclude appellate review of the alleged error. See: Federal Rule of Evidence 103 , California Evidence Code §353 .  

Once an attorney makes an objection, the judge then makes a ruling :

• If the judge sustains  the objection, this means that the judge agrees with the objection and disallows the question, testimony , or evidence .
• If the judge overrules  the objection, this means that the judge disagrees with the objection and allows the question, testimony, or evidence.

Below are some common objections:

• Irrelevant: The testimony pursuant to a question asked or the particular item of evidence is not relevant to the case.
• The witness is incompetent .
• Violation of the best evidence rule .
• Violation of the hearsay rule .
• Speculative: The opposing party’s question calls for the witness to speculate about something.
• Leading question : The question posed by the opposing party seeks to lead the witness to make an assertion.
• Violation of the parol evidence rule .
• Repetitive: The question has already been asked and answered.

[Last reviewed in September of 2023 by the Wex Definitions Team
]

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