Danny Savalos

They are the opposing attorney's way to try and argue against the admissibility of a question or an answer or evidence in general in real time. And if you don't get that objection in fast enough before the answer comes, the judge may not allow you to even make that objection. And if you don't make that objection on the record, you may not be able to raise it on appeals.

They are the opposing attorney's way to try and argue against the admissibility of a question or an answer or evidence in general in real time. And if you don't get that objection in fast enough before the answer comes, the judge may not allow you to even make that objection. And if you don't make that objection on the record, you may not be able to raise it on appeals.

Well, a lot of times there are objections really to forms of questions. It could be leading. You hear that a lot. You have hearsay. You have relevance, which is always an objection. Even if the evidence is relevant, it might be really prejudicial, and that prejudice outweighs the relevance. You'll hear that objection a lot.

Well, a lot of times there are objections really to forms of questions. It could be leading. You hear that a lot. You have hearsay. You have relevance, which is always an objection. Even if the evidence is relevant, it might be really prejudicial, and that prejudice outweighs the relevance. You'll hear that objection a lot.

Yes, the way it works is you say objection, and depending on the judge's practice, ordinarily you will state the basis for your objection. But some judges don't want you to do that because they don't want you to sort of argue in front of the jury. But the attorney who objects should always be ready with the rule of evidence on which the objection is based.

Yes, the way it works is you say objection, and depending on the judge's practice, ordinarily you will state the basis for your objection. But some judges don't want you to do that because they don't want you to sort of argue in front of the jury. But the attorney who objects should always be ready with the rule of evidence on which the objection is based.

Right. So sustained means you won. You won your objection. You were right. If it's overruled, it means your objection is no good and the questioning can continue.

Right. So sustained means you won. You won your objection. You were right. If it's overruled, it means your objection is no good and the questioning can continue.

So there are a couple of fixes for this. You ask for a jury instruction and the judge may even admonish the jury. Hey, that was inappropriate. Disregard it. But attorneys take calculated risks like this all the time. They will ask a question if they really think they need to get a message across because they know once the jurors hear it, you really can't unring that bell.

So there are a couple of fixes for this. You ask for a jury instruction and the judge may even admonish the jury. Hey, that was inappropriate. Disregard it. But attorneys take calculated risks like this all the time. They will ask a question if they really think they need to get a message across because they know once the jurors hear it, you really can't unring that bell.

So sometimes attorneys even ask questions that are close to the line, knowing they'll be objected to, knowing they'll be sustained. But the point is, they got it out in front of the jury.

So sometimes attorneys even ask questions that are close to the line, knowing they'll be objected to, knowing they'll be sustained. But the point is, they got it out in front of the jury.

Absolutely. Yeah, absolutely. I mean, there's a strategy in objecting. And by the way, sometimes the questions can be objectionable, but you make a choice to let them go. You have to pick and choose your battles because, number one, if you make a lot of them and you start losing, then you don't look good to the jury. But even if you make a lot of them and you win—

Absolutely. Yeah, absolutely. I mean, there's a strategy in objecting. And by the way, sometimes the questions can be objectionable, but you make a choice to let them go. You have to pick and choose your battles because, number one, if you make a lot of them and you start losing, then you don't look good to the jury. But even if you make a lot of them and you win—

and it looks like you're trying to hide something, the jury is aware of that too.

and it looks like you're trying to hide something, the jury is aware of that too.

Yeah, and sometimes you won't object because you like the direction that the other side is going and you want them to get all that in and you want the jury to see this witness for who they are. And by the way, you're likely going to be able to cross-examine or redirect at some point. You're going to have your chance to get up there and ask questions.

Yeah, and sometimes you won't object because you like the direction that the other side is going and you want them to get all that in and you want the jury to see this witness for who they are. And by the way, you're likely going to be able to cross-examine or redirect at some point. You're going to have your chance to get up there and ask questions.

So you use your objections wisely because, like you said, it's all theater.

So you use your objections wisely because, like you said, it's all theater.