Legal Definitions - Speaking objection

A speaking objection occurs when an attorney, during a court proceeding or a deposition, goes beyond simply stating the legal reason for their objection. Instead of offering a concise legal ground, the attorney adds extra commentary, argument, or suggestions, often with the intent to subtly coach the witness on how to answer a question or to introduce an argument prematurely. These additional remarks are considered improper because they disrupt the orderly flow of questioning and can unfairly influence the testimony.

Here are a few examples to illustrate this concept:

• Example 1 (During a deposition):

  Imagine a witness is being asked about a specific business meeting. The opposing counsel asks, "What was the exact date you finalized the contract with Acme Corp.?"

  An attorney makes a speaking objection: "Objection, vague. Counsel, the witness has already testified that they were out of the country for the entire month that contract was being drafted, so they couldn't possibly know the exact date of finalization. Please rephrase your question to reflect what the witness could reasonably know."

  How it illustrates the term: The attorney not only stated the legal ground ("vague") but then added a lengthy explanation summarizing previous testimony and suggesting how the question should be rephrased. This goes beyond a simple objection and attempts to remind the witness of their prior statements, potentially influencing their current answer.

• Example 2 (During a trial):

  In a personal injury trial, a witness is asked, "Did you see the defendant's car swerve before the collision?"

  The defense attorney makes a speaking objection: "Objection, calls for speculation. Your Honor, the witness was clearly distracted by their phone at the time and has already admitted they only heard a loud noise, not saw the actual impact. Asking them about swerving is asking them to guess."

  How it illustrates the term: The attorney's objection extends beyond merely stating "calls for speculation." They add details about the witness's alleged distraction and prior testimony, which serves to argue their case to the jury or to remind the witness of their previous statements, rather than simply stating a legal basis for the objection.

• Example 3 (Another deposition scenario):

  A witness is being questioned about a document they allegedly signed. The questioning attorney asks, "Is this your signature on page three of the memorandum dated June 1st?"

  The witness's attorney interjects with a speaking objection: "Objection, lack of foundation. Witness, remember you were on vacation in Hawaii during the first week of June, so you couldn't have been in the office to sign that document."

  How it illustrates the term: Here, the attorney not only states "lack of foundation" but then directly addresses the witness with a leading statement ("remember you were on vacation...") that provides information and guides them toward a specific answer. This is a clear example of using an objection to coach the witness.