How to Object Without Annoying the Judge or Jury

The Difference Between Trial Advocacy Classes and Real Trials

Trial advocacy classes are designed to teach students the rules of evidence and how to think on their feet. In class, students are encouraged to make every objection, no matter how small. This is done to help students learn the rules and to get comfortable with objecting.

However, in a real trial, this approach is not always the best. Objecting to every little thing can be annoying to judges and jurors. It can also slow down the trial and make it difficult to get to the heart of the matter.

If you anticipate a major evidentiary issue, it is a good idea to file a pretrial motion in limine. This is a motion that asks the judge to rule on the admissibility of evidence before the trial begins. This way, you can get a binding ruling on the issue and avoid having to object to it at trial.

For issues that come up at trial, it is important to use discretion. Just because something is technically objectionable does not mean that you need to object to it. If the evidence is not harmful to your case, it may be better to stay seated and let it go.

Here are some tips for using discretion when objecting to evidence at trial:

Consider the impact on your case. Is the evidence really harmful to your case? If not, it may be better to let it go.
Consider the impact on the judge and jury. Will your objection be annoying or disruptive? If so, it may be better to stay seated.

Consider the overall strategy of your case. Is this objection really worth fighting for? If not, it may be better to save your objections for something more important.

By using discretion when objecting to evidence, you can avoid annoying judges and jurors and keep the trial moving smoothly. This will help you to present your case in the best possible light and to increase your chances of winning.

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