On Style And Presentation Of Objections

On Style and Presentation of Objections

Dos and Don'ts of Objection Style

By: Al Provinziano

Do - "Sustained is a beautiful sound"

1. Stand when objecting (and start saying "objection" as you rise).

2. Wait to object until opposing attorney has finished questioning and right before or beginning of witness' speech.

3. Objections should be limited to the speech in the text on page 59.

3a. Less is more - don't give a speech when objecting. (The judge often knows the rationale).

4. Only give a legal analysis when asked by the judge.

5. You cannot argue the judge's rulings - The "Judge's rulings are final." (pg. 53)

5a. To contest, you may say "May I be heard, your Honor." Briefly state your grounds for reconsideration.

6. Maintain calm when objecting. Use emotions and passions only for effect - never because you are reacting yourself.

7. Study the judge's mannerisms carefully when arguing - if he appears to be agreeing with you, say no more; if he's not agreeing, continue to respectfully argue.

8. Always end with "Thank you, your Honor."

9. When addressing at first and closing, always refer to the judge as "your Honor."

10. Avoid calling for sidebars - it looks like you're hiding the ball from the jurors (Plaintiff). Call sidebars to keep hurtful information out (Defendant).

11. Be cool - have fun and enjoy what you're doing.

Don't - "Overruled is to be avoided"

1. Don't sit when objecting (unless you don't have time to rise).

2. Don't begin your objection when your opponent hasn't finished questioning.

3. Don't give a speech when objecting.

4. Don't give an unrequested legal analysis.

5. Do not become argumentative or rude with the judge if he overrules you.

6. Don't become emotional unless there is a purpose