On Style And Presentation Of Objections
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On Style and Presentation of Objections
Dos and Donts of Objection Style
By: Al Provinziano
Do – “Sustained is a beautiful sound”
Stand when objecting (and start saying “objection” as you rise).
Wait to object until opposing attorney has finished questioning and right before or beginning of witness speech.
Objections should be limited to the speech in the text on page 59.
Less is more – dont give a speech when objecting. (The judge often knows the rationale).
Only give a legal analysis when asked by the judge.
You cannot argue the judges rulings – The “Judges rulings are final.” (pg. 53)
To contest, you may say “May I be heard, your Honor.” Briefly state your grounds for reconsideration.
Maintain calm when objecting. Use emotions and passions only for effect – never because you are reacting yourself.
Study the judges mannerisms carefully when arguing – if he appears to be agreeing with you, say no more; if hes not agreeing, continue to respectfully argue.
Always end with “Thank you, your Honor.”
When addressing at first and closing, always refer to the judge as “your Honor.”
Avoid calling for sidebars – it looks like youre hiding the ball from the jurors (Plaintiff). Call sidebars to keep hurtful information out (Defendant).
Be cool – have fun and enjoy what youre doing.
Dont – “Overruled is to be avoided”
Dont sit when objecting (unless you dont have time to rise).
Dont begin your objection when your opponent hasnt finished questioning.
Dont give a speech when objecting.
Dont give an unrequested legal analysis.
Do not become argumentative or rude with the judge if he overrules you.
Dont become emotional unless there is a purpose