Objection (law)
Encyclopedia
In the law of the United States of America
, an objection is a formal protest raised in court
during a trial
to disallow a witness
's testimony
or other evidence
which would be in violation of the rules of evidence
or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The judge
then makes a ruling on whether the objection is "sustained" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "overruled" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there was an answer to the question.
the ruling. Objections are also commonly used in deposition
s during the discovery
process to preserve the right to exclude testimony from being considered as evidence in support of or in opposition to a later motion, such as a motion for summary judgment
.
and in many state courts as well. For example, California
did not technically abolish exceptions, but merely rendered them superfluous by simply treating just about every ruling of the trial court as automatically excepted to. Thus, in nearly all U.S. courts, it is now sufficient that the objection was clearly made on the record. A few jurisdictions still use exceptions, such as Oregon
and North Carolina
.
Rule 46(a)(2), North Carolina Rules of Civil Procedure.
So in Civil Actions in North Carolina an exception may be made. However, if the objection was proper an exception is not necessary.
North Carolina General Statute 15A-1446(a).
In criminal cases in North Carolina the same applies. Exceptions are not required.
of the court, to preserve an issue for appeal without distracting the factfinder (whether jury or judge) with an objection to every question. A continuing objection is made where the objection itself is overruled, but the trial judge permits the continuing objection to that point to be made silently so that there are fewer interruptions.
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
, an objection is a formal protest raised in court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
during a trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
to disallow a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
's testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
or other evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
which would be in violation of the rules of evidence
Rules of evidence
Rules of evidence govern whether, when, how, and for what purpose, proof of a legal case may be placed before a trier of fact for consideration....
or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
then makes a ruling on whether the objection is "sustained" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "overruled" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there was an answer to the question.
Objections generally
An objection may also be raised against a judge's ruling, in order to preserve the right to appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
the ruling. Objections are also commonly used in deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
s during the discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
process to preserve the right to exclude testimony from being considered as evidence in support of or in opposition to a later motion, such as a motion for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
.
Exceptions
Historically, at trial, an attorney had to promptly take an exception (by saying "I except" followed by a reason) immediately after an objection was overruled in order to preserve it for appeal, or else the objection was permanently waived. In addition, at the end of the trial, the attorney had to submit a written "bill of exceptions" listing all the exceptions which he intended to appeal upon, which the judge then signed and sealed, making it part of the trial record. Eventually most lawyers and judges came to recognize that exceptions were a waste of time because the objection itself and the context of the surrounding record are all the appellate court really needs to resolve the point in dispute. Starting in the 1930s, exceptions were abolished in the federal courtsUnited States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
and in many state courts as well. For example, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
did not technically abolish exceptions, but merely rendered them superfluous by simply treating just about every ruling of the trial court as automatically excepted to. Thus, in nearly all U.S. courts, it is now sufficient that the objection was clearly made on the record. A few jurisdictions still use exceptions, such as Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
.
Exceptions in North Carolina
Although exceptions to objections can be used in North Carolina, they are not required.Rule 46(a)(2), North Carolina Rules of Civil Procedure.
If there is proper objection to the admission of evidence and the objection is overruled, the ruling of the court shall be deemed excepted to by the party making the objection. If an objection to the admission of evidence is sustained or if the court for any reason excludes evidence offered by a party, the ruling of the court shall be deemed excepted to by the party offering the evidence.
So in Civil Actions in North Carolina an exception may be made. However, if the objection was proper an exception is not necessary.
North Carolina General Statute 15A-1446(a).
Except as provided in subsection (d), error may not be asserted upon appellate review unless the error has been brought to the attention of the trial court by appropriate and timely objection or motion. No particular form is required in order to preserve the right to assert the alleged error upon appeal if the motion or objection clearly presented the alleged error to the trial court. Formal exceptions are not required, but when evidence is excluded a record must be made in the manner provided in G.S. 1A‑1, Rule 43(c), in order to assert upon appeal error in the exclusion of that evidence.
In criminal cases in North Carolina the same applies. Exceptions are not required.
Continuing objection
A continuing objection is an objection to a series of questions about a related point. A continuing objection may be made, in the discretionJudicial discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence...
of the court, to preserve an issue for appeal without distracting the factfinder (whether jury or judge) with an objection to every question. A continuing objection is made where the objection itself is overruled, but the trial judge permits the continuing objection to that point to be made silently so that there are fewer interruptions.
External links
- "Objection" as defined in The People's Law Dictionary at Law.com
- "Objection" as defined in WestThomson WestWest publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States...
's Encyclopedia of American Law at Answers.comAnswers.comAnswers.com is an Internet-based knowledge exchange, which includes WikiAnswers, ReferenceAnswers, VideoAnswers, and five international language Q&A communities. The Answers.com domain name was purchased by Bill Gross and Henrik Jones at idealab in 1996. The domain name was acquired by NetShepard...