The Oklahoma Bar Journal January 2024

at trial (bench or jury) is to decide evidentiary issues. 5 This means ruling on objections. The role of judges at trial is pas sive. It is not their job to make the objections but rather to rule upon the objections made by the lawyers. If an objection is not made, then a judge cannot rule on it. It is the lawyers’ job to make the objections. Court rules are established to promote and facilitate orderly court proceedings. If lawyers make objections to (and at) each other, trials can quickly turn into shouting matches. Trials are stress ful and put a lot of pressure on the lawyers. Can you imagine that pressure coupled with a system in which the lawyers direct objec tions at each other? Thankfully, our framers were wise enough to avoid that prospect. Objections are made to the judge. 6 Finally, if the objecting lawyer wishes to explain the basis for the objection, they should ask the judge, “May I explain?” This gives the court the power to determine if hearing an explanation is proper at that time. Sometimes, the judge wants to hear the reasoning for the objection. In other instances, the judge does not. This decision is solely in the hands of the judge. An improper way to make an objection is to shout, “Objection!” and then go right into the argument

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.

JANUARY 2024 | 23

THE OKLAHOMA BAR JOURNAL