OBJECTIONS WORKSHOP
Saying “objection” in the mock trial courtroom takes guts and a precise sense of timing.
Most importantly, it requires a clear understanding of which objection to make and why.
In court, an objection is a statement made by an attorney during direct
examination (when evidence is introduced through witnesses) and cross-
examination (when the narrative of the direct examination is challenged). These mock
trial objections allow evidence presented to be questioned or challenged. The ultimate
goal of an objection, generally, is to limit evidence usable by the opposing side. While
objections can be quite complicated in the US legal system, mock trial competitions
tend to publish their own simplified rules, so that student participants use only the most
essential objections. Continue reading for common types of mock trial objections, and
be sure to check the rules of your competition to know exactly which kinds of objections
to prepare for.
What exactly happens with an objection?
A mock trial attorney can make an objection when they hear something that’s
objectionable during direct and cross-examination (opening and closing statements
cannot be objected to).
Here’s how it works. If the attorney decides to make an objection, they will stand up and
say “objection.” Next, they will say what the objection is, beginning with a statement
such as “This is an ambiguous and vague question.” In response, the judge may ask for
further explanation of the objection, or ask the opposing legal counsel to respond. If
prompted, the attorney must be ready to justify their decision to object. This attorney
must be precise, only offering as much information as is necessary (many judges prefer
less over more, though it’s also useful to observe the judge’s preferences beforehand).
If the judge agrees with the objection, then it will be “sustained.” If the judge sides with
the opposing counsel, the objection will be “overruled.” Once the judge announces this
decision, everyone generally accepts it and moves on (it’s best not to argue with the
judge further).
In the following situations listed below, the attorney must act quickly, often in the span of
a split-second. If more than several seconds pass between the evidence in question
and the attorney’s objection, it’s likely too late for the objection to be sustained.
Here are 15 common mock trial objections in two parts: first, objections to questions,
and second, objections to testimony.
Mock Trial Objections to Questions
These objections occur in response to the questions asked during a testimony, and
sometimes to the answer given. This kind of objection is less about the content of the
question or answer, and more about its nature. Here are some common types of
objections to questions in the mock trial courtroom.
1) Leading question
A leading question is one that already suggests an answer. Leading questions are
permitted during cross-examination, but not during direct examination, since they may
cause the witness to say things they may not otherwise have said. Many leading
questions are actually statements, followed by a question such as “correct?” or “isn’t it
true?” Leading questions might also include specific descriptors about a scene, which
risks putting words in the witness’s mouth.
Example of leading question: “At 3 PM on the day of the crime, you were at the grocery
store, weren’t you?”
An Example of a leading question: “Was the house filthy when you arrived?”
Example of objection: “Objection. The counsel is leading the witness.”
2) Compound question
Compound questions include two or more questions in one, though attorneys are only
permitted to ask one question at a time. These questions risk confusing the witness, as
well as the listeners in the courtroom, who could be unsure of which question an answer
refers to.
Example of compound question: “When you arrived at the scene of the accident, did
you talk to anyone or try to determine what happened?”
(In this example, the one question is really two questions: “Did you talk to anyone?” and
“Did you try to determine what happened?”).
Example of objection: “Objection. This question is compound.”
Mock Trial Objections – Cheat Sheet (Continued)
3) Narrative question/answer
Objections can be made when a question calls for a narrative answer, or when a
witness begins telling an uncalled-for narrative (the witness is only allowed to answer
the attorney’s question, rather than providing further testimony that could be unrelated).
While asking and telling “what happened” are permitted, the narrative objection prevents
long winded answers that veer off from the topic at hand.
Example of narrative question: “Describe what happened the day of the crime.”
An example of a narrative answer: “I began the day by getting an iced latte at
Starbucks, stopping at the gas station, and driving to work. When I arrived, everything
seemed normal. Two hours later, I left for lunch with my coworker and then…”
Examples of objection: “Objection. Calls for a narrative,” or “Objection. The witness is
giving a narrative.”
4) Argumentative question
Attorneys are not allowed to argue their case through their questions. Argumentative
questions might be overly aggressive. Often, they come with adjectives characterizing
the situation, in order to convince the court of an argument before the witness has had
the opportunity to answer. These objections aim to protect witnesses, especially during
cross-examinations.
Example of argumentative question: “Wasn’t careless to leave the door unlocked, easily
accessible to anyone who might enter?”
Example of objection: “Objection. This question is argumentative.”
Mock Trial Objections – Cheat Sheet (Continued)
5) Asked and answered question
Asked and answered objections occur when an attorney has already asked a question
and the witness has already provided an answer. Attorneys can only ask a question
once. If the witness has provided an answer, the attorney cannot re-ask the question.
However, attorneys are allowed to ask a question more than once if the witness has not
given a full answer.
Example of asked and answered: “Were you at the grocery store between 3 and 3:30
PM?” “Yes.” “So, to be clear, you weren’t at home because you were at the grocery
store?
Example of objection: “Objection. Asked and answered.”
6) Vague or ambiguous question
Objections can be made when questions to witnesses are overly vague in nature. For
example, a vague or ambiguous question might use a pronoun, such as “he,” “she,” or
“it,” instead of mentioning the subject directly. These types of questions risk confusing
the witnesses.
Example of vague and ambiguous question: Did you see it happen?
Example of objection: “Objection. This question is vague and ambiguous.”
Mock Trial Objections – Cheat Sheet (Continued)
7) Non-responsive answer
This objection occurs when a witness does not answer the attorney’s question. This
objection can be made by another member of the attorney’s counsel to urge the witness
to answer the question rather than trying to avoid it.
Example of non-responsive answer: “Did you have the spare set of keys the night of the
robbery?” “I had nothing to do with the robbery.”
Example of objection: “Objection. This testimony is non-responsive.”
8) Outside the scope of cross-examination
This objection can be made during a redirect examination, which occurs after the cross-
examination to clarify issues raised. If an attorney asks a witness a question that had
not been brought up during the cross-examination, this question is considered “outside
the scope,” and the opposite counsel may object.
Example of objection: “Objection. This question is outside the scope of the cross-
examination.”
Mock Trial Objections to Testimony
Next, we have objections made in response to improper testimony or evidence. Some of
these objections also apply when the opposing counsel’s question asks the witness to
give improper testimony.
1) Relevance of question or answer
This kind of objection is made when the attorney believes that the information being
asked or answered is irrelevant. In other words, it has seemingly nothing to do with the
case. At best, this information wastes time, and at worst, it can reflect negatively on
your counsel. While it’s important to object to this at times, you should be careful not to
overuse this kind of objection, since relevance can be a highly subjective issue.
Example of relevance of question: “What was the victim’s favorite ice cream flavor?”
An example of relevance of answer: “The victim loved all things chocolate.”
Examples of objection: “Objection. Relevance of question,” or, “Objection. The witness
is testifying on an irrelevant matter.”
2) Question lacks foundation
An objection can be made when the opposing counsel has not established a foundation
for a question. If the judge sustains this kind of objection, the council might be asked to
“lay foundation,” which involves returning to a more general topic. Often, this issue
comes up during the direct examination, when the examining attorneys skip necessary
foundational questions in effort to save time. In doing so, they risk withholding
information from listeners in the court. A witness testimony may also lack foundation.
Example of lacking foundation: “What was the relationship of the victim to your eldest
sister?” (When the witness’s family or sister had not yet been brought up).
Example of objection: “Objection. This question lacks foundation.”
Mock Trial Objections – Cheat Sheet (Continued)
3) Speculation
Two issues may lead to this objection. First, the attorney asks the witness about a topic
on which they have no personal knowledge, and second, the witness begins to talk
about something that they have not directly observed. Witnesses are only permitted to
testify based on what they have experienced or observed, not what they believe
someone else may have thought or done. The only exception to this is if an expert
witness is testifying, in which case their particular knowledge grants them greater
exemption from this kind of objection. For example, an art authenticator may have the
unique skillset necessary for offering a professional opinion on whether a painting has
been copied.
Example of speculative question: “Why did Ms. Smith dislike the victim?”
An example of a speculative answer: “Ms. Smith probably committed the crime, since
she has always hated the victim.”
Example of objection: “Objection. This question calls for speculation,” or, “Objection.
The witness lacks personal knowledge.”
4) Creation of a material fact
ASSUMING FACTS NOT IN EVIDENCE
A fact is material if it makes a difference in the outcome of the case. This objection can
be made when the attorney believes that the witness has made a factual error in the
testimony, and this error might impact the case. If the attorney believes that the witness
has lied, it is often wiser to take up the issue during cross-examination, if it seems there
will be time.
Example of creation of a material fact: “I was at work until 5 PM that day.” “But didn’t
your witness statement say you left work at 4 PM?”
Example of objection: “Objection. This is a new material fact.”
Mock Trial Objections – Cheat Sheet (Continued)
5) Improper character evidence
In a trial, character evidence refers to personality traits that justify how someone would
have acted in a particular situation. Character evidence is only permissible in court
when 1) it is applied to a defendant to prove innocence; 2) it is applied to the victim to
prove innocence; and 3) it is applied to show dishonesty or a tendency to lie on the part
of a witness (in this third scenario, the opposing counsel may rebut with contrary
character evidence). This objection can be made when impermissible character
evidence is testified, or when an attorney’s question calls for improper character
evidence.
Example of improper character evidence in question: “What is the reputation of the
defendant at your workplace?
An example of improper character evidence in answer: “Everyone in the office knows
that the defendant has anger issues.”
Example of objections: “Objection. The question calls for inadmissible character
evidence,” or, “Objection. The witness has provided improper character testimony.”
6) Lay witness opinion
Lay witnesses, or non-expert witnesses, are only permitted to testify according to
personal knowledge and experience. While witnesses can provide opinions, they cannot
provide opinions regarding a topic they would not know about. Similar to the case of
speculation, an attorney can object to a lay witness opinion.
Example of lay witness opinion: “To me, the defendant seems to have mental health
issues” (stated by a witness who is not a mental health professional).
Example of objection: “Objection. This lay witness has provided an improper opinion.”
Mock Trial Objections – Cheat Sheet (Continued)
7) Hearsay
Hearsay is a statement made outside of the court and offered within the court. For
example, if a witness testifies about something they heard another person say, this is
considered hearsay. Hearsay statements are not considered credible, since they are not
said under oath or subject to cross-examination. This one is a bit complicated, since
there are a number of exceptions in which hearsay is permitted. Here are a few
examples:
Declaration against interest: the statement is used against the economic, legal, or criminal interests of the declarant
State of mind: the statement reveals the declarant’s state of mind at the time of the statement
Reputation of character: the statement is evidence of someone’s reputation within a community or group
Dying declaration: the statement is made by a dying person about their cause of death
Example of hearsay: “The defendant told me three weeks ago that she was angry at the
victim.”
Example of objection: “Objection. This testimony includes hearsay.”
Final thoughts – Mock Trial Objections
Hopefully these objections and examples have been helpful as you prepare for your
next mock trial competition. Remember to be as clear, concise, and confident as
possible (there’s no need to include more than one or two sentences in your objection)
when you stand to make your objection. And of course, always check the rules of your
mock trial competition to see which objections are allowed. Good luck!
