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Simple English definitions for legal terms
Speaking objection
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A quick definition of Speaking objection:
A speaking objection is when a lawyer says too much when they object in court or during a deposition. They might be trying to tell a witness what to say or argue their point instead of just stating the reason for the objection. This is not allowed in many states and is considered improper.
A more thorough explanation:
A speaking objection is when an attorney makes an objection in court or during a deposition that goes beyond what is necessary to state the grounds for the objection. This type of objection is often made in an argumentative or suggestive manner and is considered improper.
During a trial, a lawyer asks a witness a question that is objectionable. Instead of simply stating the grounds for the objection, the opposing lawyer says, "Objection, Your Honor, the question is leading and calls for speculation." This objection is considered a speaking objection because it goes beyond what is necessary to state the grounds for the objection.
Another example is when a lawyer makes an objection and then proceeds to coach the witness on how to answer the question. For instance, if a lawyer objects to a question and then says, "Don't answer that, it's hearsay," this is a speaking objection because the lawyer is coaching the witness on how to respond.
These examples illustrate how speaking objections can be used to influence the outcome of a trial or deposition by coaching witnesses or making arguments that go beyond the scope of the objection.