At the Hearing

The rules of evidence guide what kind of objections you can make. To object, you have to say “Objection” as soon as you hear statement in testimony or a question posed to a witness that is objectionable. You can stand up if you need help getting the judge’s attention. You can object to an answer that a witness is giving and you can also object to a question from the opposing party, if the question itself violates a rule of evidence. If the other party is presenting physical evidence, which could be photographs, documents, etc., you can object at any time before the judge admits the evidence into the record. The judge might ask you what the basis is for your objection. You should be prepared to tell the judge why it is that you are objecting, based on the rules of evidence.

After you make an objection, the judge then decides whether the objection should be:

• sustained, which means the evidence should not be considered; or
• overruled, which means the evidence can be considered.