Even as a younger attorney it was hard to keep up with the fast-flying objections made by counsel in the split seconds during trial. As a refresher, either counsel can “object” to a question by the other counsel. After they object they must state a legal basis for their objections. The legal basis is then ruled on by the judge. This objection, legal basis, and ruling all happens very, very quickly. When a judge “sustains” an objection, they agree with the objection. Meaning the question is improper. When a judge “overrules” the objection, the question stands and the witness may answer.
After this tutorial, you’ll be able to follow along the next time you’re on the jury panel.
Objection: Relevance
California Evidence Code §350 states, “no evidence is relevant except relevant evidence.” California Evidence Code §210 states that relevant evidence is evidence “having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.”
What does that even mean? Relevance is an objection that states, essentially, that whatever the question was has absolutely nothing to do with why we’re in court. If the objection is sustained, then the objecting attorney was correct... now ask a better question.
Objection: Foundation
Think of this like the foundation of a home. Without a solid foundation, the house will crumble. Here too, without “laying foundation” to a question, the answer may also crumble. Here is an easy example, “what car did you buy yesterday?” Without first laying the foundation that 1) the person wanted to buy a car and 2) even contemplated the purchase yesterday, the question assumed facts before the jury knew the whole story. That’s the basis for the objection—fast-forwarding too much instead of laying the pieces to build the house.
So, when you hear "objection, foundation" and it is "sustained" by the Court, the attorney failed to tell the whole story. #SlowDownTurbo
Objection: Hearsay/ “Sanchez”
California Evidence Code §1200(a) says that hearsay, “is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.” In laymen’s terms: statements made by anyone when not sitting on the witness stand.
So when you here a hearsay objection, that means the question or the answer included a statement not of the person in court. For example, "my brother heard my father say 'x.'" So the witness is attempting to regurgitate what his brother overheard his father actually say. That's two layers of hearsay.
Ever play the game telephone or know of the concept... hearsay is unreliable testimony so the law prevents it from being said in court cloaked as an actual fact.
It’s that simple. Don’t talk for others. Come into court and tell your own personal story.
I added “Sanchez” because a recent juror asked me after trial why we kept saying this during trial. Short answer: People v. Sanchez is a California case relating to hearsay. It’s what the cool kids say in court.
Objection: Vague, Overbroad and Compound
Vague is a non-specific question; overbroad is asking for too much, and compound is combining two thoughts into one question. All are a little more self-explanatory than the others.
In case you forget this during the case, you can always write a question and hand to the bailiff. Attorneys love when jurors ask questions. It shows us that you're engaged and following along.
Now you're equipped with some basic objection knowledge. You know enough to be dangerous—maybe you'll even make your own objections during the trial. Enjoy your time as a juror!
Comments