Go to navigation Go to content

Can an attorney make objections during a medical malpractice trial without getting permission from the judge to make the objections first?

During every trial you will find attorneys making objections.

Objections about evidence.

Objections about testimony.

Objections about legal issues.

Objections about factual issues.

Objections about who can and cannot testify.

Objections about witnesses.

Objections about what witnesses can talk about.

Objections about how questions are asked.

The number and type of objections and attorney can make are almost endless.

Before an attorney ever gets up to yell out “Objection judge!” does he need permission from the judge first before he can do this?

The answer is no, he does not.

An attorney raises an objection and shouts it out when he believes something is happening that could affect his client's rights.

If his opponent asks a question that might be prejudicial if answered, the attorney has a legal obligation as well as an ethical obligation to stand up and object.

If there is a piece of evidence that is misleading and could lead jurors to the wrong conclusion without context, an attorney has an obligation to stand up and object.

By the way, you will notice that attorneys must stand up when they object and any time they address the court they must stand.

This is simply a respect issue for the trial judge.

A lawyer's first and foremost concern in the courtroom is to make sure that his client's interests are fully protected.

The judge controls how the trial proceeds.

The judge controls what evidence is presented.

The judge controls which witnesses can and cannot testify.

The judge makes rulings of law that the attorneys must abide by.

When an attorney makes an objection he must state clearly and concisely the legal basis for his objection.

It might be hearsay, or something that is irrelevant.

He might be leading the witness.

He might be harassing the witness.

There are many different reasons why an opponent would draw an objection.

Once an objection is raised, the judge must now hear the legal reason for the objection and then must give the opponent an opportunity to respond.

Then, the judge must make a snap decision about whether to allow the question, whether to allow the witness to answer, whether to allow a piece of evidence to come in and that the jury see it.

To learn more, I invite you to watch the quick video below...

 

az


Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer