The Oklahoma Bar Journal January 2024

L itigation & T rial P ractice

Objection: ‘Shut Up!’ By M. Shane Henry

“Treat objections as requests for further information.” – Brian Tracy

must determine when to make it. The proper time depends on the type of evidence presented. This is very important as untimely objec tions are potentially waived. 4 During trial, opposing counsel may attempt to ask a witness a question that calls for a response that would violate the Rules of Evidence. If a question is asked and the answer violates the Rules of Evidence, the objection must be stated immediately. One of many reasons why trial lawyers must listen intently throughout the trial is to ensure they do not miss any opportunity to object. When stating an objection, the trial lawyer should first stand up. This signifies to the court, witness and everyone else in the court room that an objection is going to be made. Then, the lawyer should simply state, “Objection,” and cite the basis for the objection. For example, “Objection – hearsay.” (This needs to be stated at a volume loud enough to be heard but not so loud as to be considered shouting.) The objection should be made by speaking directly to the judge. It may be tempting to direct the objection to the opposing counsel or jury, but this is not proper. One of the judge’s most important jobs

Law schools across the country teach objections from an academic view. The evidentiary basis is explained at length. However, no one explains the practical side. What are objections? How do they really work in trial? Why are they even there? How are they properly made? This article provides a “real-world” look into objections and their use at trial. PURPOSE OF OBJECTIONS Trials are used by civilized soci eties to resolve disputes between parties. Duels, fistfights and other forms of violence have been used in the past and sometimes continue to be used, but trial is the preferred method of dispute resolution in modern life. Parties are encouraged to reach agreements, but if they are unsuccessful, their cases are tried. The cases are brought before “triers of fact” (juries and/or judges) who consider the evidence and make decisions. Not just any evidence can be used at trial. The evidence pre sented to the trier of fact must com ply with the Evidence Code, which is easiest to remember as the three R’s: Evidence must be relevant, 1 reli able 2 and compliant with the rules. 3 But rather than offer an in-depth

analysis of the three R’s, the focus of this article is objections. Objections are verbal interruptions made by trial lawyers to confirm that the offered evidence complies with the Evidence Code. The framers of the Evidence Code set up a system to ensure that the evidence presented at trial is proper for the triers of fact to consider. The presentation of evidence at trial mainly consists of testimony by witnesses and the introduction of exhibits. Exhibits are usually tangible items, such as documents, correspondence, photographs and other recorded information. When a lawyer offers such testimony and exhibits, there must be a way for the opposing lawyer to give verbal notice that the offered evidence is not proper for consideration by the trier of fact. These verbal interjec tions are called objections. Often, the trial lawyer’s goal in lodging an objection is to get the witness to stop talking – to just “shut up!” PROPER FORM OF OBJECTIONS Trial advocacy techniques leave room for many different styles, personalities and interpretations. However, there are a few basic principles for making objections at trial. Before objecting, the lawyer

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

22 | JANUARY 2024

THE OKLAHOMA BAR JOURNAL