Tips & Tactics

Objection: "Asked and Answered" ...

If a lawyer attempts to unfairly emphasize a witness' testimony about a particular fact by asking questions that continue to seek the same answer, object!

Don't let the lawyer keep asking questions that seek the same fact.

Say, "Objection. Asked and answered."

The judge should sustain your objection.

Attempts to emphasize a witness' testimony about a particular fact by repeatedly asking questions that seek the same answer will be stopped, if you object in a timely manner.

If you don't object, the lawyer will keep beating dead horse facts in order to unfairly influence the court!

Object!

And, if the court fails to rule on your objection, move the court to rule on it ... either to deny your objection and let the other side keep on, or to sustain your objection and put a stop to the repetition.

Here's what to expect.

Lawyer asks witness, "What time was it?"

Witness answers, "Around supper time."

Lawyer asks, "So, it was nearly dark."

"Nearly," the witness responds.

"Would you say it was dusk?" the lawyer goes again.

"Yes, I would say so," the witness replies.

"So, the sun was going down?"

And here, if not sooner, you stand and say, ""Objection. Asked and answered."

Do this anytime a lawyer repeatedly asks questions trying to emphasize testimony by getting a witness to repeat a fact.

Do it at trial, at evidentiary hearings, and at depositions.

Some lawyers beat the bushes this way simply to keep the clock running so they can bill more hours to their clients. The more time they spend, the more money they make.

Others do it to emphasize facts they want admitted as evidence, facts that will tend to influence the court, facts that by repetition are likely to stand out in the mind of the court ... facts that aren't likely to do your case any good.

You don't want unwanted facts emphasized, so you object.

If the judge is a good one, your objection will be sustained, and the lawyer will be instructed, "Move on, counselor."

You cannot stop the lawyer from asking questions. That's his job and, after all, you want the same privilege, don't you?

But, you can stop lawyers from using unfair tactics to influence the court.

This is just one way to do that ... and improve your odds!

If you have a lawyer, don't trust him to object when needed. Many lawyers will not object, simply because they don'jt want to upset the judge! Go the extra mile. Make certain. Command your own lawyer, if you have one ... and don't pay for services you aren't getting!

When an objection is due, make it ... and get the judge to rule.

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