Common Objections to Form of a Question at Trial or Deposition

Trial

Common Objections to Form of a Question at Trial or Deposition

Learn the 10 most common objections to the form of a question at trial or deposition, from leading questions to unresponsive answers.

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Bloomdahl & Winton, PLLC
••3 min read

At trial, certain objections aren't aimed at evidence issues but rather are directed at opposing counsel's wording or style of questioning. They also may be directed at the specific answer given by the witness. Some common objections are as follows:

1. Leading

A leading question is one that suggests the desired answer, basically permitting counsel to coach or otherwise suggest answers to a witness. During cross examination, it is expected that the attorney leads the witness. During direct examination, however, it is generally not permitted except to establish basic facts like time or location.

2. Calls for a Narrative

This is a rare objection, but is generally lodged at a question that is too broad. For example, "what happened in November of 2024?" Questions like these can be too broad so as to potentially unveil evidence that is otherwise inadmissible or waste the Court's time.

3. Compound Question

A question that contains two or more separate facts or questions can be properly objected to as a compound question. Such questions increase the risk of inaccuracy. For example, "was the car red and was it a sedan?"

4. Asked and Answered

A common objection to repetitive questions that essentially ask the same thing. This objection usually arises in the context where the witness did not give a desired answer to examining counsel.

5. Calls for Speculation

A question asked to a witness who lacks personal knowledge of an event or a question that asks the witness to speculate can be properly objected to. This objection usually arises where examining counsel asks the witness about what someone felt, what someone heard, or how certain circumstances would unfold.

6. Argumentative

A question posed for the purpose of persuading the trier of fact rather than eliciting information or facts is properly objected to as argumentative. For example, "You want the jury to believe you now even though you have multiple previous burglary convictions?"

7. Badgering

A hybrid of asked and answered and argumentative, this objection goes to when counsel goes above and beyond in asking the same question to the witness. It can also come into context if examining counsel repeatedly interrupts or talks over the witness during their answer.

8. Assumes a Fact not in Evidence

This objection arises when counsel presupposes, as part of a question, a fact that has not been entered into evidence or elicited from testimony. For example, "Mr. Jones, when did you arrive at the bar with your friends?" — if there was never any testimony about friends being involved.

9. Misquotes a Witness

Quite frequently, counsel may misremember an answer to a question or simply adopt their conclusions about how a witness answered a question. A question can be improper if it misstates previous testimony.

10. Unresponsive Answer

An answer to a question that is unresponsive may be stricken on motion of the examiner. For example, "Your car was blue, correct?" Answer: "My car goes very fast."

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#trial objections#deposition#evidence#litigation
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