Practice Court 1 Report

Seguncencia S. Arpon

Section 9: OBJECTIONS AND EXCLUSIONARY RULES OF

EVIDENCE
One of the most difficult areas in Trial Advocacy:
i. Usually taught in the theoretical level
ii. Mastering timeliness of objections is essential
I. THE USE OF OBJECTIONS:
o Recognize Buzzwords and react to them instantly
o Be on guard to prevent the introduction of incompetent
evidence that may do you harm
o Its purpose:
To stop an answer to a Q put to a witness
To prevent receipt of documents
Until the court has ruled on its admissibility
o Ask yourself, IS THE OBJECTION NECESSARY?
Determine if there is an advantage to be gained from
making and sustaining the objection
II. RIGHT OF PARTYS COUNSEL TO OBJECT:
Court grants counsel of a party the right to question the
admissibility of improper evidence
III. GENERAL PRINCIPLES:
React instantaneously but- Counsel must be reasonably sure that the answer will hurt
his case, if not, do not object.
Object only when either the answer or form of the question
will hurt your clients cause.
But do not let possible adverse reactions prevent you from
objecting to damning or improper Q and As.
1. The Court dislikes objections.
Minimize interference while evidence is being introduced, since
the court sees lawyers who make constant objections as those
who are trying to keep the real truth from them.
2. Will the answer hurt you?
Save your objections for that which is certainly damaging. But
object enough to let the judge know that you know how to make
proper objections.
3. Do you have a solid basis?
Have authority ready to support your objection to ensure it will
be sustained. An overruled objection is often worse since it
merely draws attention to the question and eventual answer.
4. Protect the record.

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Seguncencia S. Arpon

Errors in admitting evidence at trial are usually waived on appeal

unless a proper and timely objection was made during trial.
5. Anticipate objectionable matters.
If you see that opposing counsel is heading towards an improper
line, request to approach and seek the Judges ruling on the
matter.
6. Can you use an objection as a tactical device?
Use it to disrupt the opponent, but do so properly and only when
there is legitimate basis.
IV. 2 CLASSIFICATIONS OF OBJECTIONS:
I.
Directed to Substantive Evidence
II.
Directed to Form
V. HOW TO MAKE OBJECTIONS:
1. Timeliness
Applicable Rules: Secs. 34, 35, and 36 of Rule 132, Revised
Rules of Evidence
If offered orally: Object immediately; If in writing, within 3
days after notice.
Keep in mind, that if not timely made, it is considered waived.
2. Legal Bases
Should state the legal basis; must be done succinctly, without
excessive argument. Insist on a ruling, To preserve a record
by having an answer struck, do so promptly.
3. Specific and General Objections
a. General: Grounds are generally/not stated
Looked at with disfavor
If the ground stated is so manifest, then it is
sufficient
Also sufficient if competent and incompetent
matters are interwoven and quite difficult to
distinguish
b. Specific: True and exact ground of evidences
inadmissibility
Varies with each case
Allows judge to intelligently rule on objection
Points out the nature of inadmissibility
Allows for objections to be reviewed on its merits
VI. PROCEDURE IN MAKING OBJECTIONS:
Safest: Make the objection, hesitate a moment to
allow the court to sustain, before stating your
legal basis for the objection.
Always be prepared to state your legal
basis.
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Seguncencia S. Arpon

Learn your judges practices regarding

objections
There might be more than one ground for
excluding evidence
a. Question Proper and Improper in Part
May be sustained, as it is not the duty of court to thresh
out the competent from the incompetent part of the
question.
b. Manner of Making Objections
Made clearly and openly, but done with utmost courtesy
c. Frequent Objections Not Recommended
Incessant objections on immaterial matters are bad trial
practice.
Not favored by the judge, as it may be indicative of an
uncertain lawyer or one who keeps the truth from the
court.
VII. WAIVER OF OBJECTIONS
May be made impliedly or expressly
Expressly waived by withdrawal of objection, even if
sustained.
1. Effect of Evidence admitted without objection
May be considered if not objected; applies to documentary
evidence
Hearsay evidence without probative value, even if admitted
w/o objection, will not sustain a finding if unsupported by
other evidence.
2. Objection to evidence admissible for a special purpose
If statement of particular purpose is absent, court will exclude
it.
3. When repetition of objection is unnecessary
Sec. 37, Rule 132: xxx questions being propounded are of the
same class as those to where objection has been made,
whether such objection was sustained or overruled, it shall not
be necessary to repeat the objection, it being sufficient for the
adverse party to record his continuing objection to such class
of questions.
Does not apply if subsequent evidence is not of the same kind
previously admitted over objection.
Where evidence initially excluded by objection is reoffered at
the later stage of the trial, it must be objected again.
VIII. MOTION TO STRIKE
1. When necessary; general rule

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Seguncencia S. Arpon

Opposing testimony, which is objectionable or unresponsive to

questions or unfairly prejudicial, may by proper motion, be
stricken from the record.
But cannot insist that competent and relevant evidence be
stricken out due to its weight, sufficiency or credibility.
2. When to Move to Strike out
a. Those admitted conditionally;
b. Strike out certain class of testimony required by law to
be corroborated in order to be legally effective;
c. Improperly authenticated documents;
d. Mass of evidence which appears insufficient for the
particular issue;
e. Where the answer to an unobjectionable question is
inadmissible or non-responsive
3. Time for motion to strike
Must be made at the time the testimony is given; or when the
impropriety of the testimony becomes apparent.
Trial court also has discretion to strike out
incompetent/irrelevant evidence; parties may also apply to
court to strike at anytime during trial, before close, or even
during closing argument, previously admitted evidence.
4. Form of motion to strike
Must be sufficiently definite; must remember that it goes to
admissibility and not to weight.
IX. OBTAIN A RULING
If trial judge seeks to avoid a direct ruling, insist on a ruling.
If opponents evidence is subject to connection, object and
seek a ruling if it was not properly connected at close of his
argument.
1. Ruling on the objection
Sec. 38, Rule 132 provides that courts ruling must be given
immediately after objection is made, unless it desires to take
reasonable time to inform itself on the question presented.
2. Policy to be followed in ruling
Current trend is to rule liberally.
3. Effect of ruling on objection
If sustained- court declares that question is improper; witness
ought not to answer; if overruled- question declared proper.
A ruled objection does not preclude the counsel from seeking
a reconsideration of the ruling.
X. WITHDRAWING OBJECTIONS
1. Withdrawing questions

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Seguncencia S. Arpon

Usually done in the form of leading questions, which are

immediately withdrawn to eliminate irreversible error;
considered an unfair technique.
2. Remarks of counsel or court
Any statement made by the judge, counsel, witnesses or
parties are made of record in stenographic notes; lawyer may
also ensure that such remarks are taken down by making a
request
3. Recourse when Evidence conditionally admitted
An accompanying statement of the connecting facts made by
counsel is indispensable as a safeguard against the
indiscriminate use of irrelevant evidence and as a measure to
enable the adversary to discover any objection that might be
appropriate.
But cross-examiner need not state beforehand the connection
of a question that seems irrelevant, unless determined by the
Court.
4. Motion to strike in case of failure to connect evidence
If the promised connecting evidence is not introduced,
opponent must move to strike out the original evidence.
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