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I object! An expert's list of basic trial objections

Article Abstract:

Federal District Judge John M. Manos has a list of the most frequent evidentiary objections. These include materiality, relevancy, parole evidence rule, best evidence rule, communications covered by privilege, insufficient foundation, hearsay, leading questions, questions likely to be answered by narratives which may allow a jury to hear inadmissible evidence before the other side's lawyer has a chance to object, non-responsive, argumentative, speculative and questions beyond the scope of direct or cross-examination.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Objections (Evidence), Objections (Law)

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Organizing the witness list: the 'big pictures' in a case determine the order of testimony

Article Abstract:

Witness order is always important in a trial but is complicated by the number of interrelated factors at work. Envisioning the case as a series of stories or groups of facts can help the trial lawyer adjust the lineup. A strong opening statement is important, with the lawyer effectively the first witness. Each substory in the case should have its own group of witnesses, arranged to start strong and end strong. Leading or ending with a witness vulnerable to cross-examination may be more dangerous than it's worth.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
Legal services, Attorneys, Offices of Lawyers, Management, Lawyers, Witnesses

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Persuasive objections; grabbing every chance is not the best way to be sustained in court

Article Abstract:

Trial lawyers should remember that the more objections they make the less persuasive they are and to object only when the law is clearly on their side. Objections should also not entail questioning the judge, who must also be shown why the evidence is unfair. Likewise, the technique of arguing to the judge rather than with the judge must also be remembered. Arguing with the judge forces the judge to defend the other side, almost guaranteeing an adverse ruling.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
United States

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Subjects list: Methods, Trial practice, United States
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