Guide to Mock Trial Objections

Navigating a mock trial can be quite a tricky task, especially when it comes to objections. Objections are a way for you to prove to the judge and your opponent that you are a force to be reckoned with, that you know your content, and that you can think on your feet. Objections can make or break your case.

In this post, we will dive into common objections you are likely to encounter in mock trials and offer tips about how to use them correctly and effectively.

Rules of Evidence

In your mock trial case, there will most likely be rules of evidence. Often, these rules are based on the real rules in the courts in your state. The rules of evidence will give you guidelines on whether the testimony of the witnesses is admissible or not. There will also be guidelines on which objections can be used in your trial and definitions for them.

It is essential that you read and understand the rules before your trial and while making your case, so you will know how to navigate and make objections.

Below are objections that will commonly be seen in most rules of evidence that you are most likely to encounter in a mock trial, along with their universal definitions. Use this page to guide you with objections, but never forget to read your rules of evidence!

Hearsay

Hearsay is when an out-of-court statement is offered to prove the truth of the matter asserted. Think of a "he said/she said" statement. An out-of-court statement is not hearsay when it is not being used to prove the truth of the matter. However, there are exceptions to the hearsay rule. The exceptions can be found in your Rules of Evidence. Common exceptions include admission by a party opponent, an excited utterance, etc. The key to this objection is to know and understand your rules of evidence to know when it is appropriate to make the objection.

How to object:

"Objection your honor, hearsay."

"Objection: Calls for hearsay"

"Objection. The witness testified to hearsay."

Relevance

Relevance ensures that the questions and testimony presented in trial are relevant to the things at issue within the case. This keeps out unnecessary information that could possibly hurt your case or drag on the trial.

What is considered relevant in the case depends on the judge and your Rules of Evidence, so be careful with this objection.

How to object:

"Objection your honor and relevance."

"Objection. The witness is testifying about irrelevant information."

Speculation/Lack of Personal Knowledge

Witnesses are not allowed to speculate about things they present in their testimony, and attorneys cannot ask them to speculate. Witnesses need to have personal knowledge about what they are testifying about. This objection could be made about a question that asks a witness to speculate or testimony where a witness is providing speculative information.

This objection will most likely be used to prevent a witness from saying anything about another person's thoughts, feelings, or motivations. If you are a cross-examiner, common phrases that signal speculation could be: "I think,"  "it seems like,"  "in my opinion,"  "he/she/They felt," and "it is possible that.".

How to object:

"Objection Speculation"

"Objection: Lack of Personal Knowledge"

"Objection, your honor. The witness lacks personal knowledge about the matters they are testifying to."

"Objection. This question calls for speculation."

Opinion

This objection is similar to speculation because witnesses need to have personal knowledge or observations about the information they present. This objection is usually not used for expert witnesses, though.

A lay witness can only give their opinion if it is based on what they observed with their five senses and if the opinion is relevant to comprehending the testimony or case.

Expert witnesses can only give opinions in the area of their expertise. They need to be treated as experts in their field in order to present opinions. This objection is mostly used for experts if they have not been tendered.

This objection is sometimes not allowed in some courtrooms, so make sure to read the rules of evidence and ask the judge during pre-trial.

Foundation/Lack of Foundation

In order to provide certain testimony, a witness needs to provide background information to prove they can give that testimony. This can be made to questions and responses if not enough foundation has been laid.

An example of a question that calls for a lack of foundation could be asking a witness, "What happened at the carnvial on the night of July 15?". This is only if questions like "What were you doing on July 15th?"  "Where was the carnvial?" "Who were you with at the carnival?"  etc. show that the witness can testify to the events of that evening.

This objection could also be used in the tendering of an expert. If opposing counsel tries to tender their witness as an expert in a field without providing enough evidence of expertise, an objection should be made.

How to object:

"Objection, your honor. Lack of Foundation"

"Objection foundation"

"Objection, your honor. This question lacks foundation."

Narrative

This objection should be used when a witness talks for a very long time and goes into matters that do not relate to the question asked. The witness should only be answering the attorney's question.

This objection should also be used if an attorney's question calls for narrative. If the question is too general and not specific, it could prompt a witness to tell a long story.

Like some of the other objections, judges tend to have preferences on whether this objection can be used. I have even had judges get upset with me for interrogating the witness and using this objection, even if it was narrative. At the end of the day, it is the judge's courtroom and their rules. Always read the rules of evidence and ask during pre-trial if necessary.

How to object:

"Objection: Calls for Narrative"

"Objection, your honor. Narrative"

Leading Question

This objection can only be used for questions. Attorneys cannot ask questions that suggest an answer during a direct examination. Leading questions are permitted on cross-examination, however.

Asking a leading question on direct examination could cause the witness to give an answer they might not have actually said. It is kind of like putting words into the mouth of a witness. As a crossing attorney, make sure to watch out for leading questions and object to them.

How to object:

"Objection, your honor. Leading Question"

"Objection. The question is leading the witness."

Compound Question

One question must be asked at a time. A compound question asks multiple questions at once. Asking a question like this could confuse the witness and listeners in the courtroom.

How to object:

"Objection, your honor. Compound question"

"Objection, the question is compound."

Asked and Answered

If an attorney asks a question and the witness gives an answer, the attorney is not able to ask it again.

It does not matter if the attorney wants to ask the question again to emphasize a point or if they did not like the first answer; it is not allowed and should be objected to.

Direct examiners should watch out for the crossing attorney asking the same questions multiple times and make this objection in order to protect their witness.

How to object:

"Objection, your honor. Asked and Answered"

Beyond the scope

This objection really depends on your rules of evidence. This objection is mainly used during redirects or recrosses if the attorney goes beyond the scope of issues raised during the cross or the redirect.

This objection, depending on your case, can be used if the witness gives testimony that goes beyond the information in their affadavit. Some mock trials are limited to the information strictly given in the case, and this objection can be used to prevent outside evidence in testimony.

How to object:

"Objection, your honor. This question goes beyond the scope of the examination."

"Objection beyond the scope"

Making Proper Objections

Here are some things to remember when you object:

1. Stand up before making the objection.

2. When you make the objection, be firm, confident, and loud.

3. If the judge permits, give a very short and effective explanation for why you made the objection. To ask to explain, say, "Your honor, may I be heard?"

4. Always be professional.

5. Do not look at opposing counsel; always look at the judge.

6. Thank the judge, even if it is overruled or sustained.

7. If your objection is sustained, you can ask to strike the witness' answer from the record. The stricken testimony, then, cannot be used by any party.

The key to being a good objector is confidence. Even if you aren't fully sure of your argument yourself, if you sound confident, then it is more believable. Learning objections is a great way to learn confidence and quick thinking!