Legal Definitions - running objection

A running objection, also known as a continuing objection, is a procedural tool used in trials or hearings. It allows a lawyer to object to a particular type of evidence, question, or line of questioning once, and have that single objection apply automatically to all subsequent instances of the same issue without needing to repeat the objection each time. This saves time and prevents constant interruptions during proceedings, while still preserving the legal argument for appeal.

Here are some examples to illustrate this concept:

• Example 1: Repetitive Leading Questions

  During a cross-examination, the opposing lawyer repeatedly asks a witness questions that suggest the desired answer (known as "leading questions"). The first time this happens, your lawyer objects, stating, "Objection, leading." The judge sustains the objection. If the opposing lawyer continues to ask leading questions, your lawyer might then say, "Your Honor, I request a running objection to all further leading questions from opposing counsel to this witness." If the judge grants it, your lawyer will not need to object every time a leading question is asked; it will be understood that all such questions are objected to on the same grounds.

  This illustrates a running objection because a single objection is made to a recurring pattern of questioning, and the judge's ruling applies to all subsequent instances without further interruption.

• Example 2: Irrelevant Documents

  A lawyer is attempting to introduce a series of financial records, arguing they are crucial to the case. The opposing lawyer believes these specific types of records are entirely irrelevant to the legal issues at hand. When the first such record is presented, the opposing lawyer objects, "Objection, relevance." If the judge overrules the objection, indicating they believe the records *are* relevant, the opposing lawyer might then request a running objection to all subsequent financial records of that same category. This ensures that their objection to the relevance of this entire class of evidence is preserved for appeal, even as the trial continues to admit them.

  This demonstrates a running objection applying to a category of evidence. The initial objection covers all similar items, preventing the need for repeated objections and preserving the legal argument.

• Example 3: Hearsay Testimony

  A witness on the stand begins recounting what someone else told them outside of court, which is generally considered "hearsay" and often inadmissible. Your lawyer objects, "Objection, hearsay." If the judge allows the testimony to continue for a specific reason (e.g., it falls under an exception to the hearsay rule), but your lawyer still wants to challenge the admissibility of all similar statements from this witness, they might request a running objection to any further hearsay testimony from this witness regarding that specific conversation. This allows the trial to proceed without constant interruptions while still noting the objection for the record.

  Here, the running objection applies to a specific type of inadmissible testimony from a particular witness, ensuring the objection is noted for all similar instances without repeated interjections.