Objection (United States law)
Formal protest to improper evidence or questions in U.S. courts.
In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness's testimony, and may also be raised during depositions and in response to written discovery. At trial, the judge then makes a ruling on whether the objection is sustained or overruled.
- field
- United States procedural law
- known_for
- Formal protest to evidence, argument, or questions violating rules of evidence or procedural law
- related_concepts
- Sustained, overruled, continuing objection, bill of exceptions
Lore & Background
Objections are typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. An attorney may also raise an objection against a judge's ruling to preserve the right to appeal that ruling. Historically, an attorney had to promptly take an exception after an objection was overruled and submit a written bill of exceptions, a relic of early English practice. Starting in the 1930s, exceptions were abolished in federal courts and many state courts, as modern court reporters made them unnecessary.
Reader's Guide
The objection serves as a critical mechanism in U.S. litigation to enforce procedural and evidentiary rules. By raising an objection, an attorney can prevent improper testimony or evidence from reaching the factfinder, and also preserve issues for appellate review. The judge's ruling—sustained or overruled—determines whether the challenged matter is allowed. The continuing objection allows an attorney to preserve an issue for appeal without interrupting the trial with repeated objections. The historical requirement of exceptions and bills of exceptions has been largely eliminated, simplifying appellate practice. Research indicates that frequent objections by attorneys do not alienate jurors.
Did You Know?
- An objection is typically raised after the opposing party asks a question but before the witness can answer.
- Historically, an attorney had to promptly take an exception after an objection was overruled to preserve it for appeal.
- Starting in the 1930s, exceptions were abolished in federal courts and many state courts.
Frequently Asked Questions
What is an Objection in United States law?
An objection is a formal, on-the-record protest that a piece of evidence, a line of questioning, or an argument violates the rules of evidence or other procedural requirements. It is the primary tool attorneys use to challenge improper material before a judge in U.S. courts.
Who raises objections and in what settings?
Attorneys or parties raise objections during live trials, depositions, and even in response to written discovery. The protest is directed at the judge, not at the opposing counsel, and must be stated clearly enough for the record.
What happens once an objection is made at trial?
The judge reviews the challenge and either sustains the objection (meaning the challenged material is excluded) or overrules it (meaning the material may stand). A party can also register a continuing objection so they do not have to repeat the same protest for every similar question.
What related legal concepts connect to the objection process?
Key companion terms include 'sustained' and 'overruled,' which are the judge's two possible rulings, as well as 'continuing objection' and 'bill of exceptions,' the latter being a written record of challenges preserved for appellate review.
Why is the objection mechanism important in the U.S. legal system?
It enforces the rules of evidence in real time, preventing prejudicial or irrelevant material from reaching the fact-finder and preserving a clean record for any later appeal. Without it, trials could devolve into unregulated exchanges that undermine due process.
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