Legal Definitions - Objection

An objection is a formal challenge or protest made by an attorney during a legal proceeding, such as a trial, hearing, or deposition. Its primary purpose is to ask the judge to prevent certain testimony, evidence, or actions from being presented or allowed because they violate established rules of evidence or legal procedure.

When an attorney raises an objection, the judge must then make a ruling. If the judge sustains the objection, it means they agree with the attorney's protest and will not allow the challenged testimony, evidence, or action to proceed. If the judge overrules the objection, they disagree with the protest, and the testimony, evidence, or action is permitted. Sometimes, the judge might allow the attorney to rephrase a question to make it legally acceptable.

Here are some examples of how objections are used:

• Example 1: Challenging Witness Testimony in a Trial

  During a civil trial concerning a slip-and-fall accident, the plaintiff's attorney asks a witness, "What did the store manager tell you about the wet floor before the accident happened?" The defense attorney immediately stands up and says, "Objection, Your Honor, hearsay!"

  How it illustrates the term: This is an objection because the defense attorney is formally challenging the prosecutor's question. They are arguing that the witness's answer would be based on what someone else said (the store manager), rather than what the witness personally observed, which often violates the rules against hearsay evidence. If the judge sustains the objection, the witness cannot answer the question. If the judge overrules it, the witness can answer.

• Example 2: Preventing Speculation During a Deposition

  In a deposition for a breach of contract case, the opposing attorney asks a witness, "Don't you think the defendant was probably trying to avoid their obligations when they signed that document?" The witness's attorney interjects, "Objection, calls for speculation."

  How it illustrates the term: Here, the attorney is objecting because the question asks the witness to guess or assume something about the defendant's intentions or state of mind, rather than providing factual observations or knowledge. The witness cannot know what the defendant was *thinking* or *intending*. This objection aims to prevent the witness from offering an opinion without a factual basis, which is generally not allowed in testimony.

• Example 3: Disallowing Irrelevant Evidence

  In a divorce proceeding, one attorney attempts to introduce a photograph of the opposing party's childhood home from thirty years ago as evidence. The opposing attorney rises and states, "Objection, Your Honor, irrelevant."

  How it illustrates the term: This is an objection because the attorney is arguing that the photograph has no logical connection or bearing on the current issues of the divorce case, such as asset division, child custody, or spousal support. It does not help prove or disprove any key issue in the case. The objection seeks to prevent the introduction of evidence that would waste the court's time and potentially distract from the legal issues at hand.