Schererville, Lake County, Northwest Indiana, Injury & Malpractice Attorney
A lawyer says “objection” and the judge looks at the other attorney for a response.
I’m Jack Kramer, Indiana Personal Injury attorney practicing law here in Schererville, Indiana Today’s video is about objections at trial.
Objections come in all forms and all shapes and sizes at trial. An objection is essentially a statement by one of the parties that what the other side is doing is in someway improper. Whether, the testimony that’s sought to be obtained from a witness is improper or there’s a piece of evidence, a document, it’s sought to be omitted is improper or something else.
One of the most common objections that we see is hearsay objections. Hearsay is simply an out of court statement that is offered to prove the truth of the matter that is being stated. So, a witness may say I heard Sally say, “The light was red.” Well, if that witness is not Sally, then that’s hearsay because the witness is saying what Sally said outside of the courtroom, and it’s being offered to prove, in this case, that the light was red. That’s an objection to hearsay. The judge at that point will hear arguments from both sides, usually brief arguments, sometimes at the bench where the jury can’t here the argument and then the judge will make a ruling whether the piece of evidence or the testimony is admissible or not admissible.
Another type of objection may be that a particular witness is being called that is an improper witness. The witness may not have been disclosed as a witness, the witness may not be qualified to testify about what that witness is intended to testify about, or some other thing all together.
If the judge sustains the objection, sustains simply means the judge agrees with the objection and therefore the objection is a valid one and the evidence may not come in that is being objected to. Or, the judge may overrule the objection, which means the judge disagrees with the objection and the piece of evidence can come into evidence.
Jack A. Kramer
Westland Kramer & Bennett, P.C.
141 West Lincoln Highway
Schererville, Indiana 46375
Indiana Personal Injury and Medical Malpractice Attorney
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