Objections Cheatsheet

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Generally

• ☐ Irrelevance (see Relevance)
• ☐ Eliciting evidence supporting a Motion not before the Court
• ☐ Improperly Phrased Questions
  • ☐ Compound Question
  • ☐ Vague/Misleading question
  • ☐ Misquoting prior evidence/statement
• ☐ No foundation/Assumes facts not proven
• ☐ Asking witness for inadmissible opinion
• ☐ Hearsay
• ☐ Uncivil Questions
  • ☐ Asked and answered
  • ☐ Badgering, harassing witness
  • ☐ arguing with witness
  • ☐ Monologuing/Editorizating
• ☐ Eliciting a prior consistent statement as "oath helping" (see Prior Consistent Statements)
• ☐ Character of accused not put in issue (see Character of Accused)
• ☐ Character of victim presumed not relevant unless "probative value outweighs its prejudicial effect" (see Character of Non-Accused Persons)
• ☐ Privilege (Solicitor-Client; Informer; Litigation)
• ☐ Contradicting Collateral Facts (see Collateral Fact Rule)
• ☐ Leading Question (on examination-in-chief only)

On Sexual Assault Cases

Prior Sexual History

• ☐ Sexual contact with anyone, except contact at issue in trial

Sexual Assault Myths

• Failure of the complainant to "fight back"
• Failure of the complainant to "scream" or "call for help"
• Failure of the complainant to report the assault in a timely manner

On Calling Counter-Evidence

• Failure to confront opposing witness with counter-story (Rule in Browne v Dunn)