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The Divorce Encyclopedia

Term Definition Objection - what a lawyer says when something is happening in a trial or deposition that is inappropriate or damaging to his or her case.
Application in Divorce Objections are one of the many steps involved in protecting the record and influencing the direction of a trial or deposition. They are used to call the court’s attention -- and the jury’s -- to the direction of questioning, particularly improper or illegal evidence or procedure.

A lawyer objects when he or she believes that there is question of propriety or legality.

One of the duties of a judge is to decide if the objection is with foundation or inappropriate; thus a judge sustains or overrules it. When a judge sustains an objection, he or she may direct a lawyer to refrain from a line of questioning deemed objectionable.

In jury trials, an objection can result in a direction from the judge that the jury ignore testimony. (This is admittedly difficult to do, and some lawyers test a judge’s forbearance with actions they know will be objectionable.)

Within the limits of the court’s tolerance, lawyers sometimes seek to rattle opposing counsel with frequent -- and sometimes dubious -- objections.

See Courtroom Etiquette; Trial.

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